My wife is an Indian citizen but has lived outside of India since 2003. We reside in Canada and have a 3 year old son and she also works to help pay our expenses and thus is not able to stay with her 80 year old mother in Kolkata for her care.
A fews years ago she had sponsored and bought her mother to reside with us in Canada in an attempt to have be allowed to reside in Canada on compassionate grounds. Unfortunately my mother in law refused and insisted on returning to Kolkata. My wife coordinates her mother's care from Canada and speaks to her and the caregivers many times every week, She sends money on a regular basis for her mothers care and expenses. She has arranged and paid for the hospitalization of her mother through the caregivers.
Unfortunately her mother has become paranoid and delusional, she throws out the caregivers so that new caregivers have to be found . My other inlaw woke up in the night and had visions of the landlord trying to break in and kill her on a few occasions. Recently she filed a complaint with the police that the landlord is trying to murder her.
The police spoke with my wife and said that she must take care of her personally. However my wife has to remain in Canada where she can help earn for her mother and our family expenses. She is concerned that under Indian law that she may be held responsible for the abandonment of an elder. What should she do to make sure that she is not indited under the law.
My mother in law refuses to see a psychiatrist who can assess her and prescribe medications. She will not see a psychiatrist as she thinks its part of a plot to kill her. Are there legal remedies for this situation?
Asked 3 years ago in Family Law from Kolkata, West Bengal
1. Your problem is really sans of easy solution.
2. You may however glad to know that as long as you or your wife send her money and take arrangements for her care and upkeep, neither of you are civilly or criminally liable if any untoward incident happens to your mother.
3. If your wife is really constrained to come and stay with her mother then thinking her proper nursing and upkeep in mind, sending her to a good old age home is better idea. There is no dearth of good old age home in or around Kolkata.
4. Do try to get a psychiatrist visit her home so he can assesses her ailments.
1) since your wife is regularly sending her money and taking care of her medical bills your wife cannot be held responsible in case of any untoward incident
2) your mother in law needs psychiatrist treatment . try to convince psychiatrist to visit her home and examine her
3) find out old age homes in kolkata wherein your mother in law can be admitted .
Nothing to worry so long she takes care of her mother-in-law monetarily and otherwise, she would not be held responsible for any unpleasant/untoward happening. She can be admitted to a good old age home where they could also manage to have services of medical and psychiatric.
Advocate, New Delhi
My thanks to all of everyones replies.
Unfortunately my mother in law will not agree to even there best retirement or nursing home, nor to a psychiatric assessment and medications as she believes these are all plots to kill her. My wife has been sending her literature and web sites of the best care homes in India however her paranoia makes it impossible to reason with her. Moreover my wife has also tried to put her in the care of relatives in other cities however she created such trouble that they had to put her back on a plane to Kolkata before the police was involved.
Recently she had gone directly to a very high ranking officer claiming to be a relative of Manmohan Singh, so the police panicked and arrested everyone she had made allegations against including neighbors who were helping care for her. They were only released after my wife called the police and convinced them that her mother was not related to Manmohan Singh and was suffering from mental issues.
When she called them again following the first incident, the police had instructed us to take care of her else they may have to file it as elder abandonment despite refusal by my mother in law to cooperate.
Once charges are filed it is a great deal of effort to have them dismissed from half way around the world.
1: Can proof of care and an affidavit be filed somewhere so that charges are not bought and that the police will not file charges in the future?
2: What is the best way of preparing and lodging the paperwork?
3: She will not permit a psychiatrist to visit. Can she required to undertake a psychiatric assessment? If so what is the best approach?
Asked 3 years ago
1. Such charges can not be brought by Police as I told you earlier. You are unnecessarily panicking on this issue.
2.Keep all the proofs of money and efforts made for her care and nursing.
3. May God make her see reason soon.
1) the best way to prepare for any court case is to keep all evidence ready that your wife has not abandoned her mother . she must have remitted funds in her mother account . the bills paid for nursing staff all would come in handy .
2) The involuntarily admission of a person requires no more than the application of a friend or family member to the court with two certificates from medical officers, only one of which needs to be a psychiatrist, stating that the person is mentally ill.
1. Under the given circumstances, neither you nor your wife can legally be indicted under Indian Law,
2. The problem you are facing is very common now a days where children stays abroad or out of city & old aged and ailing parents refuse to stay with them.