Man appointed guardian of mentally ill sister

Additional District Judge Pawan Kumar Matto appointed the man as guardian of his sister but made it clear that he cannot withdraw money from her bank account without court permission.

"The petitioner, who is the elder brother of the woman, is the fit person to protect and watch the interests of his younger sister. There is nothing on the record to draw such inferences that the interests of petitioner (man) are contrary to the interest of his younger sister," the court said.

The man, in his petition, had said that his "mentally ill" younger sister is incapable of taking care of herself and managing her property and their parents had already expired so he should be appointed as her guardian.

He had also said that his sister is having a bank account jointly with her mother, who had died in 2002, in Union Bank of India here and he should be appointed as the manager for her property.

The court, while appointing the man as the guardian of his sister, also referred to the statement of the doctors who had treated her.

One of doctors told the court that the woman is "mentally retarded" and she is unable to stay independently and requires constant supervision.

During the adjudication of the plea, the board of doctors, constituted on the court's order also said that the woman was suffering from "mild mental retardation" which is not curable.

"In view of the discussion, the petition stands allowed... (the man) is appointed as guardian of his sister for operating her bank account in Union Bank of India.

"...(the man) is directed to not do any act which may be proved to be contrary to the interest of his sister. The petitioner cannot withdraw money from the said account... without prior permission of the court," it said.