5 days ago

India’s Incapacity Law Gap Highlights Need for Estate Planning

India’s Incapacity Law Gap Highlights Need for Estate Planning
India’s incapacity law gap: why estate planning must go beyond wills · livemint.com

Some older people may become unable to make important decisions for themselves.

This can happen because of dementia or other problems affecting their capacity.

Someone else may then need to sign a cheque, sell a home or agree to medical treatment for them.

The article says Indian law does not clearly cover all these situations.

It describes this as a gap in incapacity planning.

About 8.8 million Indians aged 60 and above were estimated to live with dementia in 2023.

India also has a large and growing older population.

Because of this, the article argues that planning for the future should go beyond simply making a will.

Key facts

Estimated Indians aged 60+ with dementia
About 8.8 million
Reported dementia prevalence
7.4% among Indians aged 60 and above
Older population in 2022
149 million Indians aged 60 and above
Projected older population in 2050
347 million Indians aged 60 and above
Key legal issue
Indian law offers only fragmented mechanisms for managing another person’s affairs after loss of capacity
Examples of decisions requiring support
Signing cheques, selling a flat and consenting to surgery

Sources

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