On April 15, 2025, the Bombay High Court appointed a daughter as the legal guardian of her 78-year-old mother, who is suffering from severe dementia. This decision was made under the ‘parens patriae’ doctrine, which allows courts to act in the best interest of individuals unable to care for themselves. The court’s ruling was based on a medical board’s report confirming the mother’s significant cognitive impairment, and there were no objections from her son regarding the appointment.
This case highlights the judiciary’s role in addressing gaps in existing laws concerning guardianship for mentally incapacitated adults. The court emphasized that, in the absence of specific legal provisions, it has the authority to intervene to protect the rights and well-being of vulnerable individuals.
Similar instances have occurred in the past, such as in October 2023, when the Bombay High Court appointed a daughter as the legal guardian of her mother suffering from Alzheimer’s disease, citing the lack of legal frameworks to address such situations.
These decisions underscore the importance of judicial intervention in safeguarding the interests of those with cognitive impairments, ensuring they receive appropriate care and protection.
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