The main legal point established in the judgment is the court's authority to appoint guardians and managers for a person suffering from dementia, the recognition of the Petitioners' authority by banks and government bodies, and the application of the doctrine of parens patriae to protect the welfare of the person suffering from dementia.

JUDGMENT

1. By this order we propose to make certain interim provisions. We do not think it is either necessary or advisable to make a final order on the Petition, for reasons that will be self-evident from the rest of this order.

2. The two Petitioners are sisters. They are the daughters of one Kamar Sultana Mohamed, today about 84 years old. Kamar is presently in a hospice that provides specialized care. This is the Jagruti Rehabilitation Centre, Navi Mumbai. The Petitioners' father, Moideen Mohamed, died on 13/7/2015. The Petitioners' brother, Laike Mantori, is not a party to this Petition. He is 60 years old, and lives in London UK. He has in writing consented to the relief sought by the Petitioners in the present Petition. That consent is at page 68 of the paper book.

3. Kamar has been diagnosed with and is suffering from dementia. She requires continuous medical supervision. After considerable thought and deliberation, on 19/2/2019, Kamar was admitted to the Jagruti Rehabilitation Centre. It has a dedicated wing for dementia care. In addition, arrangements were made to employ a personal caregiver from an agency called Arogya Healthcare. That caregiver looks after Kamar exclusively 24 hours. Kamar is today in such a condition that she needs assistance for every daily routine activity. She cannot make cogent decisions by herself and can do nothing on her own.

4. The Petitioners seek an order for their appointment as guardians and managers of the person and properties of Kamar. They specifically seek the power of appointment in respect of Kamar's bank accounts for payment of her expenses, debts and liabilities including tax payments, medical expenses, co-operative society dues, utility bills etc. Kamar was residing and had some rights in a residential flat No. H-18, Heliopolis, Shahid Bhagatsingh Road, Colaba, Mumbai 400 005 and its associated garage.

5. One of the additional prayers before us is for leave to let out flat on a leave and license basis. Though there may be some issues regarding the precise ownership sharing of the flat, we are not required to pronounce on this. The brother has in any case agreed to the proposal to give out the flat on a leave and license basis and about this there is no controversy.

6. The Petition says that it was in late 2018 that the three children were advised to have their mother admitted to a specialized care facility for her better safety, treatment and care. The Petitioner's brother came to Mumbai from London so that all three could take a final decision. Kamar was admitted to JRC on 19/2/2019. This was chosen as it had a dedicated wing for patients diagnosed with dementia. Two certificates from JRC are annexed. The centre has two branches. Kamar was first in the branch in Pune and was later transferred to the Navi Mumbai branch on 26/12/2019. This is closer to where one of the Petitioners reside in Mumbai.

7. Paragraph 11 of the Petition says that Kamar was financially independent all her life. Her finances and affairs were managed by her secretary who left her service after Kamar was admitted to the JRC.

8. Kamar primarily banked with the Vijaya Bank, Colaba. That bank has now merged with the Bank of Baroda. This is Respondent No. 4. She also apparently has an account with HDFC Bank, Respondent No.5, at its Kamla Mills Branch at HDFC house, Senapati Bapat Marg, Lower Parel, Mumbai 400 013. There may be other bank accounts. After repeated requests, Vijaya Bank agreed to make certain payments for Kamar's expenses. These are set out in paragraph 13. The Petition says that these disbursements were irregular and required repeated follow up. Once Vijaya Bank was merged with the Bank of Baroda, the new officer now in charge only agreed to pay for medical expenses at JRC but declined to allow any other payments. Some of this correspondence is annexed. Exhibit- 'E' to the Petition has a list of bank accounts and bank lockers. This is information that the Petitioners have been able to obtain s