Courts Must Act as Legal Guardians When Will of Mentally Ill Is Unclear: Allahabad High Court

The Allahabad High Court has held that when the “wills and preferences” of a mentally ill person cannot be determined for appointing a legal representative, the court must step in as parens patriae—the legal guardian of those unable to care for themselves.

The Court noted that current laws do not provide clear guidance in situations where a mentally ill person's wishes are unascertainable. In such cases, the Court's role is to protect their rights and interests to ensure justice and care.