MUMBAI: In an interim order, the Bombay high court on Friday permitted the daughters of a woman with progressive dementia to act as her legal guardians so that they can pay mounting medical and other bills.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar directed that “having regard to the urgency of this situation, we permitted the petitioners to act as guardians and managers of the person and property of (their mother) including to operate her bank accounts for the limited purpose to meet her medical and other expenses”.
They told the daughters to submit a statement of expenses after two weeks. Senior advocate Iqbal Chagla assured they would. “Because of the emergent situation, we have passed this order,” said Justice Bhuyan.
The 84-year-old mother, a former resident of Colaba, has been in a Navi Mumbai care facility since February 2019. The daughters’ petition said in 2017, she found it increasingly difficult to attend to her day-to-day affairs and her condition steadily deteriorated. “She started to become unaware of her surroundings, began losing her memory, had difficulty in recognising family, friends or staff members, refused to eat or take medication… on several occasions had to be stopped from attempting to jump from her 5th floor flat.” The bank, with which she has substantial savings and term deposit accounts, initially released payments for medical expenses but stopped.
On HC’s direction, a JJ Hospital panel certified that her dementia has advanced and impaired judgement. The state opposed the plea, saying there is an alternative remedy before the authority/committee under the Mental Health Care Act, Rights of Persons with Disabilities Act and National Trust Act.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar directed that “having regard to the urgency of this situation, we permitted the petitioners to act as guardians and managers of the person and property of (their mother) including to operate her bank accounts for the limited purpose to meet her medical and other expenses”.
They told the daughters to submit a statement of expenses after two weeks. Senior advocate Iqbal Chagla assured they would. “Because of the emergent situation, we have passed this order,” said Justice Bhuyan.
The 84-year-old mother, a former resident of Colaba, has been in a Navi Mumbai care facility since February 2019. The daughters’ petition said in 2017, she found it increasingly difficult to attend to her day-to-day affairs and her condition steadily deteriorated. “She started to become unaware of her surroundings, began losing her memory, had difficulty in recognising family, friends or staff members, refused to eat or take medication… on several occasions had to be stopped from attempting to jump from her 5th floor flat.” The bank, with which she has substantial savings and term deposit accounts, initially released payments for medical expenses but stopped.
On HC’s direction, a JJ Hospital panel certified that her dementia has advanced and impaired judgement. The state opposed the plea, saying there is an alternative remedy before the authority/committee under the Mental Health Care Act, Rights of Persons with Disabilities Act and National Trust Act.
