The Kerala High Court has appointed a sister of a 93-year-old woman suffering from dementia and Alzheimer's, observing that in such cases decisions cannot be taken and property transactions cannot be comprehended in the absence of a legally appointed guardian. 

It observed that the courts, if satisfied that the circumstances warrant, must appoint a guardian even for persons with dementia and Alzheimer's.

The Bench of Justice Bechu Kurian Thomas observed, "Dementia is an illness that results in the deterioration of memory, thinking and even the ability to perform everyday activities. It creates a dependency on other persons and worsens over the years. Alzheimer's has been identified as one of the common causes of dementia. A person affected with dementia and Alzheimer's loses his cognitive abilities, which starts worsening with age. Dependency on others for all activities of life, is an inevitable outcome, especially during old age. At such a stage when decisions cannot be taken and property transactions cannot be comprehended, in the absence of a legally appointed guardian, the patient can be subjected to exploitation and prejudice. When the conditions are worse, the Court, if satisfied that the circumstances warrant, must appoint a guardian even for persons with dementia and Alzheimer."

Advocate PM Joshi appeared for the Petitioner, while Government Pleader Laya Mary Joseph appeared for the Respondents

A writ petition was filed by the sister of a 93-year-old lady seeking a direction to appoint her as the guardian of the person and property of her sister.

The Petitioner alleged that her sister suffered from advanced dementia and is bedridden with total dependence on her. She said that her sister is incapable of understanding, making decisions, or even managing her personal and financial affairs. 

It was submitted by the Petitioner that her sister is in such a condition that she is mentally, physically and intellectually impaired to the extent of being in a vegetative state, and her dementia is in an incurable, progressive and hopelessly degenerative state. 

The Court perused the medical reports of the sister of the Petitioner and observed that she was unable to write cheques or pay bills or even to handle finances. 

It was also noted that the provision under the Rights of Persons with Disabilities Act, 2016 will not apply in the case since the guardianship under the said statute is limited in character, that too, to be taken in consultation with such disabled person. Thus, a case for appointing a permanent guardian does not exist for persons suffering from dementia under the provisions of the RPwD Act, it said.

Accordingly, the Court appointed the Petitioner as the guardian of her sister for dealing with all the finances. 

The Court directed the Petitioner to file periodic reports every six months before the Registrar General of the High Court. 

The Court also directed that any relative or next friend or petitioner's sister may approach the Court for removal of the Guardian, if any neglect, abuse of powers or such other grounds at the hands of the Guardian is noticed.

Cause Title: Smt Annamma P SKaria v. State of Kerala and Ors. [Neutral Citation:2026:KER:74368]

Appearances:

Petitioner: Advocate P.M. Joshi, Advocate Siji K. Paul, Advocate Sruthi Sunilkumar, Advocate C. Gokulkrrishnan

Respondents: Government Pleader Laya Mary Joseph, Advocate Johnson Gomez, Advocate Sanjay Johnson, Advocate Sanjith Johnson, Advocate Arun Johny, Advocate Deebu R., Advocate Abin Jacob Mathew, Advocate Sanketh Sajan Mathew

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