93-year-old woman, 76-year-old guardian: High Court makes unusual exception

KOCHI: The Kerala High Court has appointed a 76-year-old woman as the guardian of her 93-year-old unmarried sister, who suffers from Alzheimer’s disease. Both women are unmarried.

The sisters, who hail from Kolenchery in Ernakulam district, had approached the High Court seeking the appointment. Although the law does not permit such an appointment in cases of Alzheimer’s disease, Justice Bechu Kurian Thomas issued a favourable order after considering the medical board’s report and other relevant material. The guardian will function under the supervision of the High Court.

The 93-year-old woman is bedridden and unable to manage her affairs, including her bank account. The court took note of the fact that while the law permits the appointment of guardians for people in comas, persons with disabilities and those with intellectual disabilities, it does not include people suffering from Alzheimer’s disease in these categories.

The 76-year-old woman must submit a report to the High Court every six months detailing how the money in her sister’s bank account has been used. The funds must be spent only for lawful purposes.

If relatives or close friends have any complaints that the guardian is causing difficulties or acting improperly, they may approach the High Court. The court must also be informed if the guardian decides to take her sister outside the state.