[image: Daily News & Analysis] <http://www.dnaindia.com/> http://www.dnaindia.com/ Tackling affairs of the mind DNA / Ipsita Bhattacharya / Sunday, August 15, 2010 9:55 IST
In a country where healthcare of elderly people is a serious concern, Alzheimer’s disease or any other irreversible form of dementia adds to the trauma. Apart from the obvious physical and mental agonies that a person faces, the lacuna in the law makes life even more difficult for patients suffering from dementia. Taking care of these elderly people, especially those living alone, becomes a major concern not only because of the practical problems, but also because of the limitations of the legal system. Dr Soumya Hegde, consultant geriatric psychiatrist, Nightingale’s Centre for Ageing and Alzheimer’s, shares the difficulties faced by one such patient and her relatives. “There is this lady in her mid 70s, who has been living with dementia for the past six-seven years. Her husband died 10 years ago and she was living alone. Initially, she managed to live alone, but gradually as the disease progressed, she became confused and agitated. Shopkeepers would fleece her by charging more. She forgot to bathe and to cook, so she started depending on home delivery food. Her health deteriorated and soon she became so suspicious of people, she wouldn’t let anyone come to her apartment,” says Dr Hegde. “When her brother was informed, he immediately wanted to help. But the problem arose when it came to handling the finances. Even though she has money, she has not made a will and her brother couldn’t execute her financial transactions. She has forgotten her account numbers, the way to withdraw money, etc. As the law doesn't allow her brother access to any this information, he has sought guardianship of his sister in court,. This will take a minimum of six to eight months.” The question remains: Who will take care of her in the meanwhile and bear the expenditure of her medication and healthcare? Considering the fact that India's legal proceedings are usually very long-drawn, it only adds to the misery of such people. Shiv Kumar, senior advocate with the Karnataka high court, who is also the convener of a helpline for the elderly, agrees that the legal system is lacking when it comes to dementia patients. “The law should be modified in a manner that immediate relief to such patients is granted. Since they won’t be in their right senses, it won't be possible for them to bequeath the power of attorney to someone, and thus problems pertaining to handling of finances and legal documents will persist. Either the state or the NGOs should be allowed to step in to help such people,” he said. Experts say property distribution or making or execution of a will comes under the scanner when a patient is diagnosed with dementia. Kumar says: “There are many cases where the patient's relatives have challenged the patient's will, stating the person was not mentally sound at the time they made the will. This happens when the relatives are unhappy with the conditions stated in the will and try to misuse the law.” “Dementia is a state of mind and in the earliest stages, one is not too affected. If a person has not already made a will, which is often the case, he or she should immediately make one if diagnosed with the disease,” he adds. The problem lies in the fact that in India, making a will is considered to be ominous, a sort of precursor to death. Hence, people wait till they reach a ripe old age to make a will. Dr Soumya adds: “Once a person dies, his or her relatives approach me and ask me go through his reports and certify if the person was in an unsound state of mind when he made the will. Such occasions crop up quite often. Therefore, when a person diagnosed with early stages of dementia or shows symptoms of the disease decides to make a will, he or she should seek help of doctors and get their testamentary capacity assessed. This is the capacity to make a will, distinct from the ability to make other decisions, and if they have a doctor’s certification, legal documents can’t be challenged later.” ** ** *Agenda Alzheimer’s addresses the needs of people suffering with the disease and those that care for them* *URL of the article:* http://www.dnaindia.com/bangalore/report_tackling-affairs-of-the-mind_1423578-all * * -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
