The High Court may exercise its parens patriae jurisdiction under Article 226 of the Constitution to facilitate guardianship for mentally incapacitated adults when no specific statutory framework exists to ensure their welfare and medical care.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"1. Declare that the 1st petitioner (wife of Mohan Kumar) as the Guardian of Mr. Mohan Kumar, aged 73 years, Arathy, Harippad, Alappuzha District, 690514, to deal with the property covered by Exhibits P4 to P8 and the bank accounts mentioned in paragraph 8 of the above writ petition, with respondents 7 to 12, on behalf of him on condition that she would submit a report, containing all the relevant particulars in respect of the transactions, before the Registrar General of this Honourable Court; ii. Dispense with the production of English translation of the documents in vernacular language; and iii. Pass such further orders as this Honourable Court may be pleased to pass on the facts and in circumstances of the case. "

[SIC]

2. This writ petition was originally disposed of as per judgment dated 16.02.2026. R.P No.438/2026 was filed to review the judgment to carry out certain corrections.

3. The judgment dated 16.02.2026 is extracted hereunder:

“The writ petition is filed by the wife and children of Mr. Mohan Kumar, aged 73 years, who has been diagnosed with Frontotemporal Dementia (FTD), a progressive neurodegenerative disorder that has resulted in complete cognitive and functional incapacity. He is unable to recognise persons, perform daily activities, or manage his financial and legal affairs, contend the petitioners.

2. The 1st petitioner, being his wife and primary caregiver, has been providing full-time care with the assistance of a home nurse and physiotherapist. The recurring monthly expenditure for medical treatment, personal care, and household maintenance amounts to approximately ₹1,30,500/-, apart from incidental medical expenses. The income presently available to the 1st petitioner and the other petitioners is wholly inadequate to meet the recurring medical care giving and household expenses of Mr. Mohan Kumar and the family. Mr. Mohan Kumar has substantial funds in his Bank accounts and owns immovable properties in Thiruvananthapuram and Alappuzha Districts.

3. However, due to his mental incapacity, he is unable to operate his Bank accounts or deal with his assets. The petitioners have therefore, approached this Court seeking appointment of the 1st petitioner as the guardian of Mr. Mohan Kumar to enable her to utilise his funds and property exclusively for his treatment and welfare.

4. There exists no statutory mechanism under Indian law to appoint a guardian for an adult person rendered incapacitated by dementia or similar disorders. Hence, this writ petition is filed invoking the parens patriae jurisdiction of this Cout under Article 226 of the Constitution of India, relying upon the law laid down in Shobha Gopalakrishnan and others [2019 (2) KHC 488].

5. In the afore facts and circumstances of the case, the Sub Divisional Magistrate concerned in Alappuzha is suo motu impleaded as the additional

13th respondent in the writ petition.

The writ petition is disposed of directing that if the petitioners make a joint application under Section 14 of the Rights of Persons with Disabilities Act before the additional 13th respondent, taking into consideration the fact that there are no serious disputes involved in the case among the legal heirs and taking into consideration the urgency involved in the matter, the additional 13th respondent shall pass orders as expeditiously as possible and at any rate within a period of one month positively from the date of receipt of the application. In the meanwhile, the 7th respondent shall permit the 1st petitioner to withdraw an amount of ₹2 lakhs from the account of Mr.Mohan Kumar bearing Account No.920010042496775, taking into consideration the medical re