5 days ago
India’s Incapacity Law Gap Highlights Need for Estate Planning
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.
Indian law provides only fragmented mechanisms for managing affairs when someone loses capacity.
People with dementia may eventually need others to sign cheques, sell property or consent to surgery for them.
The Longitudinal Ageing Study in India, 2023, estimated that 8.8 million Indians aged 60 and above live with dementia.
That study reported a dementia prevalence of 7.4% among Indians aged 60 and above.
The UNFPA India Ageing Report 2023 counted 149 million Indians aged 60 and above in 2022, projecting 347 million by 2050.
- Who
- Older Indians, particularly those who may develop dementia or lose decision-making capacity.
- What
- The article highlights gaps in Indian law concerning decisions and transactions made on behalf of incapacitated people.
- Where
- India.
- When
- The figures cited include data from 2022 and 2023, with a population projection to 2050.
- Why
- An ageing population and the prevalence of dementia may leave more people needing assistance with financial, property and medical decisions.
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








