Hello, My sister and I are looking to get legal guardianship of my mother who suffers from dementia and is living in a dementia care center. What are the steps to get it? Thanks, Varsha Kumar
Dear Client,
What one can do in such exigency is to make an application before the high court or the court having the competent jurisdiction for declaring that the daughter of the bedridden Alzheimer's patient or you (as the caretaker) be the guardian of the patient, who is unable to do anything on account of him/her being.
Ypu need medical certificate from reputed hospital that mother has dementia
you need court orders for a being appointed as guardian for mother
You need to be her guardian under mental health Act and rest you will get her custody. If hospital objects you need to approach court
Dear Querist
There are various laws that governs the appointment of Guardian of a person with disabilities, like The National Trust Act for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act enacted in 1999, the Mental Health Care Act that became a law in 2017 and the Rights of persons with Disabilities Act made in 2016
but It involves several disputed questions of fact. First one is whether the person is suffers from dementia. The second is the nature and extent of dementia and the third is whether he is incapable of looking after his own affairs,"
In a Judgment passed by Bombay High Court it was said the judges. "Only because a person is suffering from dementia, one cannot come to the conclusion that he is incapable of looking after his own affairs. It all depends upon the nature and the degree of dementia. These are the matters which are to be decided after considering evidence of the experts and doctors,"
File an application before appropriate court and then lead evidence and get the order from the court
- You can approach the tribunal under the Mental Health Act, for getting guardianship .
You need to file a petition at the proper court through a local lawyer praying for appointment of a legal guardian for your mother citing her present health conditions and obtain a court order.
You need a certificate of her mental condition from a medical practitioner, preferably from a government hospital. Based on the certificate, you may make an application before the district court under mental health act
You have to file two petitions before court, one to declare her mentally ill by filing a petition under mental health act and another petition seeking to appoint you as guardian to the mentally unstable person under guardians and wards act.
You can consult a local lawyer and proceed as suggested.
You shall have to file an application before the District Judge praying for legal guardianship of your mother under the given circumstances.
