Bombay HC Appoints Daughter As Alzheimer Mother's Guardian

In a big decision, the Bombay High Court appointed a daughter, who is employed and in perfect physical health, as the legal guardian of her mother afflicted by Alzheimer's disease.

Bombay High Court's Decision

On October 6, a ruling was issued by a division bench consisting of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla in response to the petition of a 35-year-old woman. She had affirmed that she is the only child of her unwell mother and has been responsible for her mother's daily care, as well as covering her living costs, including those related to medical care.

According to a report by The Indian Express, the panel concluded that there were no unfavourable findings regarding the daughter's capability, financial resources, and well-being. The mother is entirely reliant on her daughter for both daily necessities and medical costs, and there were no previous criminal records associated with the daughter.

The panel observed that this case warranted the application of the "Parens Patriae" principle, acting as the "Big Guardian" to make decisions for the utmost benefit and well-being of the dependent individual. Consequently, they found the petitioner highly qualified to assume the role of a legal guardian, which includes overseeing both movable and immovable assets belonging to her mother.

The court also directed the Maharashtra State Legal Services Authority (MSLSA) to supervise the petitioner's performance as a legal guardian and provide bi-monthly reports for the following two years. As a result, the petition was resolved.

Previous Court Hearings

Earlier, the Bombay High Court instructed the dean of the government-run J J Hospital to designate a qualified neurologist to assess the petitioner's mother and provide a report on the evaluation.

According to the assessment by a specialized physician, the petitioner's mother has been diagnosed with Alzheimer's Disease. This condition involves a gradual, irreversible deterioration in cognitive function, making her entirely reliant on nursing care for her daily activities and other necessities.

What is Alzheimer's Disease?

A progressive and degenerative brain disorder, Alzheimer's Disease affects memory, thinking, and behaviour. It is the most common cause of dementia in older adults.

The exact cause of Alzheimer's is not fully understood, but it is characterized by the accumulation of abnormal protein deposits that interfere with the normal functioning of brain cells, leading to their damage and eventual death.

There is currently no cure for Alzheimer's Disease, but there are treatments and interventions available to help manage the symptoms and slow down the progression of the disease in some cases. Researchers continue to study the disease in hopes of finding more effective treatments and ultimately a cure.

Suggested Reading: Husband Can't Be Held Liable Under Section 377 (Unnatural Sex): Court