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  1. Ravi
  2. Procedure: Civil Law
  3. Thursday, June 08 2017, 02:17 AM
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Hello,


I understand the new mental health bill also allows a person to nominate a custodian in case he suffers from mental health challenge in the future , allowing that person to take decisions on the patients behalf. So in the case I appoint a friend as my future custodian in case of any future mental disability, would that override any claim my wife can make to get my custodianship then.

Thanks
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Dr Katta Accepted Answer
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1) Only after a person is certified as lunatic or insane or of unsound mind, court may appoint the custodian not on presumptions.

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Ravi Accepted Answer
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Would that mean that only if a person is proven to be affected by mental disability he can then ask the court to nominate a friend or family member as his/her custodian?
Does the new law reserve all the legal rights of such a mentally challenged person?

In that case if any other close relative tries to get his custodianship the person suffering from mental disability will have to fight in that condition.
It would be much easier and less of confusion if there was provision in law for anyone to provide his wish beforehand similar to a will.

Thank you.
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