The Bombay High Court appointed a daughter as her dementia-stricken mother’s legal guardian under the parens patriae doctrine. Acting on a medical report and no objection from family, the court used its power to protect the mother, emphasizing that parens patriae applies only in cases of incompetence or guardian failure.
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Picture Courtesy: TIMES OF INDIA
Bombay High Court appoints daughter as legal guardian for dementia-stricken mother under parens patriae principle.
A daughter asks the Bombay High Court to make her the legal guardian of her mother, who lives has severe dementia. The court agrees to step in because the mother cannot manage her life or assets due to her condition. The court depends on a medical report and the "parens patriae" principle to make this decision.
The daughter files a petition under Article 226 of the Constitution, asking to manage her mother’s bank accounts and properties. The son and his family have no objections to the daughter becoming the guardian. The court issued the order, appointing the daughter as the legal guardian.
The term "parens patriae" means "parent of the country." It gives courts the power to act as a guardian for people who cannot protect themselves, such as children, mentally ill individuals, or those with severe disabilities.
The Supreme Court says this doctrine applies in special cases, like:
The Bombay High Court applies this doctrine because the mother’s dementia is severe, and she needs someone to manage her affairs.
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Dementia is a medical condition that affects the brain, causing problems like memory loss, confusion, and difficulty with daily tasks. The court notes that dementia stops the mother from living a normal life. The medical board’s report shows her condition is severe, which supports the need for a legal guardian. |
The court cannot use the parens patriae doctrine in every case. The Supreme Court says it applies only when:
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PRACTICE QUESTION Q. In the question given below, there are two statements marked as Assertion (A) and Reason (R). Mark your answer as per the codes provided: Assertion (A): The parens patriae doctrine allows the state to intervene in matters where individuals cannot act in their own best interests. Reason (R): This intervention is solely based on the economic incapacity of the individuals involved. Which of the options given below is correct? A) Both A and R are true, and R is the correct explanation for A. B) Both A and R are true, but R is not the correct explanation for A. C) A is true, but R is false. D) A is false, but R is true. Answer: C Explanation: Assertion (A) is true: The parens patriae doctrine empowers the state to intervene when individuals are unable to make decisions or act in their own best interests due to reasons like minority, incapacity, or disability. Reason (R) is false: While economic incapacity can be one of the factors leading to the state's intervention under the parens patriae doctrine, it is not the sole basis. The doctrine applies to various situations where individuals lack the capacity to protect their own welfare, including legal disabilities, mental incapacities, and situations concerning the well-being of children, regardless of their economic status. |
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