scorecardresearch
Thursday, March 28, 2024
Support Our Journalism
HomeJudiciarySpouses can be appointed as guardians for comatose patients to manage their...

Spouses can be appointed as guardians for comatose patients to manage their properties: HC

Allahabad HC has appointed a woman as a guardian for her comatose husband, allowing her to manage his bank accounts and investments, among others.

Follow Us :
Text Size:

New Delhi: The Allahabad High Court Monday appointed a woman as a guardian for her comatose husband, allowing her to manage his bank accounts, investments, business and other property in his name.

In doing so, a bench comprising Justice Shashi Kant Gupta and Justice Saurabh Shyam Shamshery also issued guidelines for appointing guardians for people in a coma and also recommended that the central government should introduce a law on the issue.

The court invoked its parens patriae jurisdiction (acting as a guardian for the people), and said that ordinarily, the spouse or child of the comatose person will be appointed as their guardian. However, it added that in case the comatose person does not have a spouse, children or legal heirs, then his “next friend” can also approach the court.

The court clarified that these guidelines are temporary, and are meant to apply only till an appropriate law is passed on the issue.

The court was hearing a petition filed by a woman, Uma Mittal, whose husband has been in a coma for over one and a half years.

She had now approached the court, asking to be appointed as her husband’s guardian and manage his bank accounts, investments and business, or sell his property, if required, to use the money for his medical expenses and for taking care of the family expenses.

Allowing her petition, the court observed, “In our opinion, in the present case this Court cannot shirk its responsibility when a distress call is given by a sinking family of a person lying in a comatose state for the past year and a half.”

It added, “Under the circumstances, this Court, under Article 226 of the Constitutions of India, is the ultimate guardian of a person who is lying in a comatose/vegetative state and may provide adequate relief of appointment of a Guardian.”

Mittal was asked to file a report with the Registrar General every 6 months, detaining the transactions on her husband’s assets. She was also asked to seek the Registrar General’s request for selling any of her husband’s immovable properties.


Also read: Uttarakhand HC refuses to quash FIRs against former MLA who violated lockdown rules


No law on guardians for comatose patients

In her petition, Mittal had pointed out that there are several laws allowing appointment of guardians for minors and people with disabilities or mental illnesses. However, she asserted that these don’t include people lying in a comatose state.

Accepting these submissions, the court referred to similar judgments passed by the Kerala High Court and Delhi High Court, acknowledging that none of the laws deals with appointment of a guardian for a person in a coma.

In its guidelines, the Allahabad HC then said that any person who wants to be appointed as a guardian for a comatose person would need to file details of the person’s assets in the high court. The court would then ask for the comatose person to be examined by a medical board, which would include a neurologist.

The court would also ask the Sub-Divisional Magistrate or Tehsildar of the comatose person’s area, asking them to collect material on the person asking to be appointed as a guardian.

The court’s order appointing a guardian would have to specify the assets regarding which the order was being passed.

The guardian would have to file a report every six months (or any other period that the court may specify), listing down the transactions undertaken by them.

“Besides this, the report shall also indicate the funds, if any, received by the guardian and their utilisation for the purposes of maintaining the person lying in comatose state,” it said.

Court could change guardian if they misappropriate funds

The court also said that in case the guardian appointed by the court misuse the assets of the comatose persons or does not utilise it for the latter’s best interests, the court would have the power to remove them and appoint someone else in their place.

The substituted person can also be a public officer, such as a social welfare officer, it said.

“In case a relative or a next friend of the person lying in comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of appropriate directions and/or for removal of the guardian,” the court added.

In case the guardian wants to take the comatose person to another State or country for better treatment, they’d have to approach the court asking for its permission to do so.


Also read: Bombay HC orders probe into allegations of overcharging against charitable hospital


 

Subscribe to our channels on YouTube, Telegram & WhatsApp

Support Our Journalism

India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint – with exceptional reporters, columnists and editors – is doing just that.

Sustaining this needs support from wonderful readers like you.

Whether you live in India or overseas, you can take a paid subscription by clicking here.

Support Our Journalism

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular