- This topic has 18 replies, 15 voices, and was last updated 1 year, 1 month ago by
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MMy cousin has been diagnosed with cancer. He was under treatment and was making good progress. He was discharged from hospital and was told to rest at home. Neither his wife nor his son takes care of him. They don’t give him medicines or food. He became very weak so his sister took him home for a weak and he started to show good progress. His wife and son went to his sisters home and created a ruckus asking to take him back to home. 3 days after he is back in his older weak condition. Doctor has asked them to give him protein rich food and supplements but they never do. His siblings are worried that his wife and son is doing this on purpose to get insurance in his name which is around 2cr which they will get if he passes before it expires. What can we do to save him? His parents are still alive. Can they or any of us make a legal move. We are extremely worried that something bad is going to happen and these devils are trying to make it happen soon.
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RCan he change his insurance nominee? Or make a will for his assets and let the wife and son know?
Another option is to go to a siblings place and sell all his assets even home to a person who can forcefully take over. Then get himself a rented place with a 24 hour help and recover. Use the money for his own health and recover. -
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SHe can write a Power of Attorney in the name of whoever he likes stating he is incapable of taking decisions. That would be the easiest legal move.
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MIs he of sound mind? If yes, I suggest you get him to change the name of the beneficiaries in the insurance policy. Contact the Manager of the bank and ask him what options does he have in order to make necessary changes in insurance policy. The manager or someone from bank can visit him at home too. Banks do provide home visits nowadays. Submit the exact reason in writing in the application.
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MCan you get his intellectual capability tested from a doctor (a psychiatrist)? A doctor’s assessment of unsound mind is different from what we deem a person to be of unsound mind. I believe a doctor might be able to prove whether he is of sound mind or not more properly and it will help you a lot in future.
Also, do not share the results just in case he is declared to be of unsound mind. It might cause lot of trouble in future.
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WYou can change the nominee’s name in the policy and initiate legal proceedings under Section 498a of the IPC (or Section 85 of the BNS), as well as file a case under Section 125 of the Cr.p.c for maintenance.
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BIt’s very unfortunate. But he has cancer. There’s a high chance of him not making it. Please talk to a doctor, rather than a lawyer about your observations. Him being better might be a momentary make belief you have. If you create a police complaint or legal case it might take away the chances of his family getting the insurance as well. Please proceed with absolute caution as your family fued might just enrich a corporation and compromise his family’s financial security.
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