Legal Status of Mentally Challenged
Manmohan Singh
(Querist) 27 October 2010
This query is : Resolved
Sir,
I am serving in Army as an officer and am about to retire with pension.
We are one brother & two sisters.
Our parents died long time back.
At that time we all were unmarried.
I was the first to get married.
My second sister was Schizophrenic a form of uncurable mental illness & thue no one was willing to marry my younger elder sister.
My youngest sister got married.
Now responsibility of looking my mentally challenged sister is of whom & why?
My mentally challenged sister is 80% handicapped & bed ridden.
My family includes my wife & two sons.
Army does not include Dependent unmarried sister a my family member & thus my mentally challenged sister in not elegible for medical facilities which my family members enjoy.
I am about to retire & my sister will grow old & her medical needs shall increase with passage of time & so will cost of treatment which I cannot afford & why should I bear that burden & why not the state.
What is the legal status of my sister, what benefits is she entitled from Govt.
What are the rights of Orphans.
Army medical authorities have denied medical treatment of my mentally challenged sister stating thst dependent sisters are not entitled medical facilities in armt.
I am willing to even adopt my 46 yr old mentally challenged sister as my daughter & is it possible
please help me.
Khaleel Ahmed Mohammed
(Expert) 27 October 2010
You are advised to get the treatment through Government Hospital. Further State Government provides monthly penssion for such disable persons.You may contact with Govt authorities ie District Collector in this regard.
Devajyoti Barman
(Expert) 27 October 2010
You need not adopt her, you can only apply before the court of the ld. district judge for your appointment as your guardian. If your father has kept any property then your sister would also has a share in it out of which you could take care of her upkeep. Being a court appointed guardian you would get every right to mange her property with the permission of the court.
You can also try the option as advised Mr Khaleel.
Manmohan Singh
(Querist) 27 October 2010
Sir,
Medical condition of my sister is Cronic Schizophrenia. In this case no govt hospital admits such patients. Treatment is by OPD only & Medicines have to be purchased & is a tedious & costly procedure. Moreover pension amount is peanuts.
By becoming my family member she will be etitled free medical treatment life long as in case of my wife & childern are eligible for. I wish to make her my family member. Can she become one by guardianship.
If my sister becomes my family member she becomes entitled to free hospitalisation.
Arun Kumar Bhagat
(Expert) 27 October 2010
You can file application before area Magistrate under Mental Health Act to get her admitted in Govt. Mental Hospital which is free of charges.
Manmohan Singh
(Querist) 27 October 2010
How can I make my mentally challenged sister my family member
