Archive · 15 Sep 2026

India’s Incapacity Law Gap Highlights Need for Estate Planning

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.

Sources