Court exercises constitutional jurisdiction under Article 226 to safeguard the person and property of 93-year-old Alzheimer's patient, emphasizing strict safeguards and regular oversight.
In a landmark judgment delivered on September 26, 2026, the Kerala High Court appointed a permanent guardian for Ms. Saramma P. Skariah, a 93-year-old woman suffering from severe Alzheimer's disease, dementia, and Parkinsonism. The petitioner, her sister Ms. Annamma P. Skaria, sought the appointment to manage her sister's financial and personal affairs due to her total incapacity.
The Court acknowledged that Ms. Saramma was bedridden, completely dependent on others for daily activities, disoriented to time and place, and unable to manage her finances or comprehend legal and financial decisions. The medical report submitted by the General Hospital, Ernakulam, confirmed the severity of her condition, highlighting the progressive and incurable nature of her dementia and the complete loss of cognitive abilities.
The petitioner's sister holds substantial funds in several bank accounts totaling crores, necessitating lawful management to prevent exploitation or neglect. However, the Court noted the absence of any statutory provision under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) or the Mental Healthcare Act, 2017, that allows for the appointment of a permanent guardian in cases of complete dementia or Alzheimer's, as these laws provide only for limited or consultative guardianship which is inadequate here.
Invoking its constitutional jurisdiction under Article 226 of the Indian Constitution, the Kerala High Court held that it is both necessary and just to appoint a permanent guardian in such exceptional circumstances. The Court appointed the petitioner, Ms. Annamma P. Skaria, as the guardian of Ms. Saramma P. Skaria's person and property, specifically authorizing management of her bank accounts.
To ensure transparency and prevent misuse of powers, the Court imposed several safeguards including:
- The guardian must file detailed reports every six months before the Registrar General of the High Court, outlining all financial transactions and expenditures related to the patient's property and welfare.
- The appointment will be recorded in the Court's official register.
- The Social Welfare Officer in the locality will be informed of the appointment.
- All transactions must comply strictly with the law.
- Any relative, next friend, or the patient herself may seek removal of the guardian in case of neglect or abuse.
- Prior permission from the Court is mandatory before shifting the patient outside the jurisdiction, whether to another state or country.
This judgment draws upon the Court's parens patriae jurisdiction, recognizing the urgent need for legal protection of persons incapacitated by severe dementia or Alzheimer's disease, and fills the gap left by existing statutes which do not adequately address permanent guardianship for such patients.
The Kerala High Court's decision aligns with precedents such as the Bombay High Court's ruling in Vijay Ramachandra Salgaonkar v. State (2021), which also recognized the necessity of appointing guardians under Article 226 for dementia patients. The Court carefully distinguished this case from prior decisions relating to persons in comatose states and emphasized that the present case involves complete dementia requiring permanent guardianship rather than limited or consultative guardianship.
This ruling is a significant step towards protecting the rights and welfare of elderly persons suffering from debilitating cognitive disorders, ensuring their dignity and financial security through judicial oversight and structured guardianship.
Bottom Line:
Guardian - Dementia/Alzheimer's patient - In absence of statutory provision for appointment of permanent guardian for person suffering from severe dementia and Alzheimer's with complete incapacity, High Court can exercise jurisdiction under Article 226 and appoint permanent guardian to manage bank accounts and protect person and property, subject to safeguards.
Statutory provision(s):
Constitution of India, 1950 Article 226; Rights of Persons with Disabilities Act, 2016 Section 14; Mental Healthcare Act, 2017 Sections 2(1)(s) and 17
Smt. Annamma P. Skaria v. State of Kerala, (Kerala) : Law Finder Doc Id # 2993445
