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Appoints Guardian For 93-Year-Old Woman With Dementia And Alzheimer's
In a significant exercise of its jurisdiction, the has appointed a guardian for a 93-year-old woman suffering from advanced dementia and Alzheimer's disease, recognizing the judiciary's duty to protect those who cannot protect themselves. Justice Bechu Kurian Thomas, presiding over the case, appointed the woman's sister as the guardian to manage her financial affairs, imposing a set of stringent conditions to ensure transparency and accountability.
The Case of a Bedridden Patient
The petitioner, Smt. Annamma P. Skaria, approached the High Court seeking to be appointed as the guardian of her sister, Ms. Saramma P. Skaria, a 93-year-old spinster. The petitioner alleged that her sister was suffering from advanced dementia, was bedridden, and entirely dependent on others for all activities of daily living. She argued that her sister was incapable of understanding or making decisions about her personal and financial matters, including managing substantial bank deposits held in her name at the in Kolenchery.
Medical Board Confirms Complete Incapacity
The Court, after hearing the initial submissions, directed the , to constitute a medical board to assess Ms. Saramma's condition. The board's report, dated , painted a stark picture. It diagnosed the patient with Alzheimer's disease, severe dementia, and Parkinsonism, noting she was bedbound, disoriented, and completely dependent on caregivers. The report stated, “She is unable to write cheques and paying bills, handling finance,” and assessed her with a 99% disability on the IDEAS scale. The clinical dementia rating scale placed her at stage 3, indicating severe dementia.
Legal Framework and Precedents Examined
The Court meticulously analyzed the existing legal framework for . It noted that the guidelines laid down in the decision of Shobha Gopalakrishnan v. State of Kerala (2019) applied to persons in a comatose condition and could not be mechanically imported to cases of dementia. Furthermore, the Court found that the , and the , did not provide adequate remedies for a person with complete dementia, as the former contemplated only and the latter did not extend to property management.
Relying on a 2021 decision in , which permitted for a person with dementia under , the affirmed its to act as .
A Landmark Observation
In a crucial observation that will likely guide future cases, Justice Thomas remarked: “A person affected with dementia and Alzheimer's loses his cognitive abilities, which starts worsening with age. Dependency on others for all activities of life, is an inevitable outcome, especially during old age. At such a stage when decisions cannot be taken and property transactions cannot be comprehended, in the absence of a legally appointed guardian, the patient can be subjected to exploitation and prejudice. When the conditions are worse, the Court, if satisfied that the circumstances warrant, must appoint a guardian even for persons with dementia and Alzheimer.”
The Order and Its Conditions
The Court appointed Smt. Annamma P. Skaria as the guardian of her sister for the specific purpose of dealing with the bank accounts detailed in the judgment. The appointment was made subject to several conditions: the guardian must file periodic reports every six months before the Registrar General detailing all transactions; the Registrar General must maintain a register of such appointments; the guardian must inform the local Social Welfare Officer of the order; and any relative or of the patient can approach the Court for removal of the guardian if neglect or abuse is suspected. Additionally, the guardian must seek specific court permission before transferring the patient to another state or country, even for better medical treatment.
The Court disposed of the , emphasizing that this order addresses the immediate need for a legal guardian to manage the patient's financial affairs and prevent potential exploitation.
