Bombay HC recognises elder daughter as legal guardian of ailing father to fund his treatment
The court invoked the parens patriae doctrine so the man's bank balance and property can be used for his care after the daughters spent about Rs 60 lakh.
The Bombay High Court has resolved a difficult predicament facing a Mumbai family. The father is in a coma-like condition, and his daughters have spent about Rs 60 lakh of their own money on his treatment and now have none left. Meanwhile, the father has money in his bank account and immovable property in his name, but a legal hurdle stood in the way of using it for his care.
The High Court recognised the elder daughter as the legal guardian of the father, who is unable to take legal and financial decisions himself because of a serious illness. This clears the way for his assets to be used for his own treatment. A bench of Chief Justice Maheshchandra Tripathi and Justice Advait M. Sethna passed the order on the basis of the doctrine of "parens patriae".
Two sisters had filed the petition for their father. Their mother has died, and the father has been battling a prolonged illness since 2008. He has also undergone several surgeries. The daughters met the cost of treatment from their own pockets, but they have now run out of money.
The difficulty was that the father cannot sign, which raised the question of how the money in his account and his property could be used for his treatment. Advocate Bhushan Raut, appearing for the petitioners, argued that under the doctrine of "parens patriae" the court has the power to appoint a guardian. He was assisted by Advocate Kiran Shinde. The law has no clear provision for appointing a guardian in such a situation, but the court used its special powers.
On August 19, 2026, the court had directed a medical examination. A board of three doctors from Sir J.J. Hospital then examined the father and submitted a report. The report said he depends on a caretaker for daily tasks, is not in a condition to take legal or financial decisions, and has little chance of a full recovery.
Taking the report into account, the court allowed the petition. While recognising the elder daughter as legal guardian, the court directed that government departments and the institutions concerned honour her status and allow her to act on the father's behalf, representing his interests.
