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Mental incapacity claims can’t override elderly privacy rights: Madras High Court
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The Indian Express
The Madras High Court has allowed a son’s plea seeking guardianship of his father to proceed, holding that allegations of mental incapacity alone cannot override an elderly person’s right to privacy and dignity.
Justice Dr A D Maria Clete was hearing an application by the proposed ward’s wife and younger son seeking dismissal of the guardianship petition as not maintainable.
Justice Dr A D Maria Clete cautioned against allowing unverified claims of mental incapacity to be used in family property disputes.
(Image enhanced using AI) Justice Dr A D Maria Clete cautioned against allowing unverified claims of mental incapacity to be used in family property disputes.
Holding that the father’s mental capacity remains a disputed question of fact requiring determination through the statutory mechanism, the high court dismissed the application seeking rejection of the guardianship petition.