Case Note & Summary
The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, Respondent No.5, who suffers from Alzheimer's disease and is unable to take care of herself. The petitioner is the only child of her mother and has been taking care of her day-to-day needs and medical expenses. She submitted that there is no provision under any existing law that enables her to be appointed as legal guardian. The Court noted that the Mental Health Act, 1987 and the Hindu Minority and Guardianship Act, 1956 do not provide for appointment of a son, daughter, or sibling as guardian of an aged person suffering from mental health issues. The Court also noted that Alzheimer's disease is a kind of mental disorder. The Court held that in the absence of any statutory provision, it could exercise its inherent and parens patriae jurisdiction to appoint the petitioner as guardian. The Court directed that the petitioner be appointed as the legal guardian of her mother for all purposes, including managing her bank accounts, medical treatment, and other affairs. The Court also directed the respondent banks to allow the petitioner to operate her mother's accounts upon production of the order. The petition was allowed with no order as to costs.
Headnote
A) Guardianship - Mentally Ill Adult - Inherent Powers - Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 - The Court considered the absence of any provision for appointing a son, daughter, or sibling as legal guardian of an aged person suffering from mental health issues. The Court held that it could exercise its inherent and parens patriae jurisdiction to fill the legislative void and appoint the petitioner as guardian of her mother suffering from Alzheimer's disease. (Paras 3-5) B) Mental Health - Alzheimer's Disease - Mental Disorder - Mental Health Act, 1987 - The Court noted that Alzheimer's disease is a kind of mental disorder, and if treated as such, the petitioner could seek a declaration under the Mental Health Act, 1987. However, the Act does not provide for guardianship by a child of the patient. (Paras 3-4) C) Constitutional Law - Right to Life - Article 21 - The Court implicitly recognized the right of a mentally ill person to have a guardian to manage her affairs and medical treatment, which is part of the right to life under Article 21 of the Constitution of India. (Para 5)
Issue of Consideration
Whether the High Court can appoint a daughter as legal guardian of her mother suffering from Alzheimer's disease in the absence of any statutory provision under the Mental Health Act, 1987 or the Hindu Minority and Guardianship Act, 1956.
Final Decision
The petition is allowed. The petitioner is appointed as the legal guardian of Respondent No.5 for all purposes. The respondent banks are directed to allow the petitioner to operate the bank accounts of Respondent No.5 upon production of this order. No order as to costs.
Law Points
- Inherent powers of High Court
- Parens patriae jurisdiction
- Legal guardian for mentally ill adult
- Alzheimer's disease as mental disorder
- Lacuna in Mental Health Act 1987 and Hindu Minority and Guardianship Act 1956
