Allahabad HC: Wills & Preferences Undefined; Parens Patriae Fills Gap

Allahabad HC: Wills & Preferences Undefined; Parens Patriae Fills Gap

The petitioner, Saurabh Mishra, sought appointment as the nominated representative of his aunt, who suffers from moderate intellectual disability and is entitled to a family pension of ₹14,400. The Mansik Swasthya Punarvilokan Board, Barabanki rejected his application due to two pending minor criminal cases under sections 143 and 341 IPC, citing character concerns. The High Court ruled that such non-heinous cases cannot be sole grounds for rejecting appointment under the Mental Healthcare Act, 2017. Applying the Mohinder Singh Gill principle, the Court refused to accept new reasons raised later and held that these pending cases did not involve moral turpitude. Exercising its parens patriae jurisdiction, the Court considered the patient’s “wills and preferences,” as per UNCRPD, over merely her “best interests.” The Court quashed the rejection, appointed the petitioner as representative, and granted him authority over her financial and personal affairs, subject to Board supervision and prohibiting immovable property transfers without approval.