Andhra Pradesh High Court Appoints Wife As Guardian Of Comatose Husband, Permits Access To Bank Accounts
The Andhra Pradesh High Court has appointed a wife (petitioner 1) as the legal guardian of her husband— who had been in a persistent vegetative state and required further medical treatment, and has thereby, allowed her to access his bank account for medical treatment and household expenses.The husband of petitioner 1, and father of their children (petitioners 2 and 3) was in a...
The Andhra Pradesh High Court has appointed a wife (petitioner 1) as the legal guardian of her husband— who had been in a persistent vegetative state and required further medical treatment, and has thereby, allowed her to access his bank account for medical treatment and household expenses.
The husband of petitioner 1, and father of their children (petitioners 2 and 3) was in a perpetual vegetative/comatose state, and his continued treatment required substantial funds. As meeting the continued expense of medical treatment of the patient, without touching his bank account, was becoming difficult to be borne by the petitioners, they submitted that it was imperative for one of them to be declared as guardian to operate the bank account in the victim's name which was lying with the Axis Bank (Respondent 2), and to deal with his properties.
As there was no specific procedure for appointment of a guardian in such cases, they requested the Court to appoint petitioner 1, the wife of the patient, as guardian to operate the account and manage expenses.
Referring to the certificate issued by the Medical Superintendent of Care Convoy Rehabilitation and other certificates issued by New Life Rehab Hospital, which ostensibly demonstrated that the patient was currently in vegetative/comatose state, Justice Venkateswarlu Nimmagadda held,
“It is thus quite clear to justify comprehensive guardianship, this Court hereby observed that 'when a husband fully into a comatose or vegetative state, losing the ability to exercise reason, make decision or act on his own behalf there can be no person more naturally, morally or legally suited than the wife to act as his guardian, considering the Indian ancient philosophical concepts of “Ardhangini” (the wife as other half).”
While the State had contrastingly argued that the petition was not maintainable, stating that the issue was primarily civil in nature, and the petitioners should approach the competent civil court, the Single-Judge declared that the petitioners were justified in approaching the High Court under Article 226 for appointment of guardian to the person who was lying in “comatose state”.
Thus, the Court allowed the petition, and authorised his wife (petitioner 1) to operate his bank account. It further directed her to produce the updated passbook/statement of account every three months till for the period of one year or till the happening of any other major or medical incident, whichever is less.
Case Number: WRIT PETITION No.8729 OF 2026
Case Title: Singavaram Nagamma v. The State of Andhra Pradesh