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PRATHIBA M. SINGH
Satula Devi – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through video conferencing.
CM aPPL.171/2022 in W.P.(C) 9643/2018
2. This petition relates to guardianship which was sought in respect of a senior citizen who is referred to, since inception, as Mr. DMP, who was a Member of Parliament and was diagnosed with `fronto-temporal dementia'. The guardianship sought by the Petitioner/Mrs. Satula Devi (hereinafter 'Mrs. SD') - i.e., Mr. DMP's wife, was vehemently contested by other family members of Mr. DMP and the petition was heard by this Court from time to time. Mrs. SD was supported by her two sons - Respondent No. 4/Mr. Rajiv Sharma (hereinafter 'Mr. RS'), Respondent No.3/Mr. Ranjit Sharma (hereinafter 'Mr. RJS') and their respective families. However, Respondent No.5/Ms. Uma Devi (hereinafter 'Ms. UD'), who was Mr. DMP's companion, Intervener/Mr. Umesh Sharma (hereinafter 'Mr. US')- Mr. DMP's brother, and Respondent No.6/Mrs. Kanchana Rai (hereinafter 'Mrs. KR'), - Mr. DMP's daughter-in-law whose husband was the deceased third son of Mr. DMP, and her sons were opposing the present writ petition.
3. In the writ petition, the legal position emerging from the two statutes i.e., The
A guardian's authority endures post the ward's death to prevent asset dissipation amidst disputes, as established under Section 41(4) of the Guardians and Wards Act, 1890.
The main legal point established is the court's authority to appoint a Sole Guardian under the Guardians and Wards Act, 1890, to safeguard the assets of a deceased senior citizen and issue directions....
The court exercised parens patriae jurisdiction to appoint an interim guardian for a mentally incapacitated individual, establishing the importance of safeguarding the assets and medical decisions fo....
The court reaffirmed the principle that guardianship for mentally ill persons should prioritize family relationships, allowing spouses and immediate relatives to jointly manage health and financial a....
The court can provide total support and appoint a guardianship committee for individuals unable to express their wishes, ensuring their rights under the Medical Healthcare Act and Rights for Persons ....
The appointment of a limited guardian and a nominated representative for a patient suffering from advanced Alzheimer's disease under the relevant provisions of the Rights of Persons with Disabilities....
Old/sick/incapacitated bank customers - Person who would be entitled to operate his bank account and can be appointed as guardian to the person.
A guardian appointed under the Rights of the Persons with Disabilities Act has authority to manage and transfer property on behalf of the individual deemed unfit, without additional procedural constr....
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