[AI] Legal capacity & Unterlassene Hilfeleistung

V. Jayakumar jayakumar.vaishnavi at gmail.com
Fri Jun 4 07:10:12 EDT 2010


This is not reassuring news what with current focus on competence / legal
capacity / guardianship / advance
directives<http://library.findlaw.com/2000/Jun/1/127657.html>.
The facts are unimportant except to the parties concerned. The larger issues
I feel require our attention.

>From a *media pov*: Very few facts, so many spins. Shouldn't focus be more
on what mechanisms there are in
place<http://socialjustice.nic.in/oldageact.php?format=print>for the
very many senior citizens in the same situation. A
system can fail only if it exists in the first
place<http://www.indiatogether.org/2007/jul/law-seniors.htm>
.

>From an *NGO pov* - Maybe it's time India looked at a Good Samaritan
provision in the
law<http://living.oneindia.in/insync/good-samaritan-law-india-070707.html>.
Arguably if people wanted to help an 89 year old person living alone with no
family / support system in sight, what should they do if resources are
limited and person unwilling to move to an assisted living facility? Wouldn't
inaction be a worse
'crime<http://changingminds.org/explanations/theories/bystander_effect.htm>
'?

>From a *mental health / disability* pov - Sick / incapacitated / impaired
mental capacity. Are the specific needs of senior
citizens<http://seniorjournal.com/NEWS/GuardWealth/5-12-21-IncompetentBeforeDeath.htm>being
addressed in current mental health / disability reform? Are senior
citizens being included in the drafting process in the first place?

P.S. Reading over what I've said, I can clearly see my bias towards the
NGO's situation - so be it. Every story deserves at least 2 perspectives! -
Vaishnavi

P.P.S: For those new to the debate click for info
here<http://newdisabilitylaw.blogspot.com/search/label/Background:%20Why%20New%20law>,
here <http://www.accessindia.org.in/harish/blog.htm> and
here<http://groups.google.co.in/group/MhaReformIndia/files?hl=en> for
further information
-------------------------------------------------------------------------------------------------------------
 TUESDAY, DECEMBER 22, 2009
NGO official arrested for cheating,
forgery<http://peopleforsocialcause.blogspot.com/2009/12/ngo-official-arrested-for-cheating.html>
The D B Marg police,Mumbai on Wednesday 16th Dec arrested a manager attached
to Dignity Foundation,NGO working for senior citizens on charges of cheating
and forgery.

The police was tightlipped about the case. “We have arrested Hemang Desai,
manager (security service) of the NGO on charges of cheating and forgery,’’
said inspector Anil Sardal of the D B Marg police station, without giving
any more details.

A senior police officer said the court has asked them to investigate the
case. He, too, refused to elaborate on the case.

Dr Sheelu Srinivasan, chairperson of Dignity Foundation, rubbished the
police allegation and said that Desai was framed in a false case. She
suspected that the manager is being harassed by the police for helping a
senior citizen. “We have been helping an 87-year-old man, Hoshi Wadia, who
had deposited Rs 90,000 with us. We have spent Rs 45,000 in his case and
have a record of all the expenses with us,’’ she stated.

According to her, Wadia had given Dignity Foundation a lot of powers to act
on his behalf and they were taking up his case for justice. “We have also
appointed a nurse to take care of Wadia,’’ she said.


By Mateen Hafeez

Courtesy: Times of India 17th dec 2009,Mumbai

http://www.mumbaimirror.com/article/15/2010060220100602091156382e84463cb/Dignity-chief-caught-for-illegal-transfer-from-89yrold’s-fund.html?pageno=1<http://www.mumbaimirror.com/article/15/2010060220100602091156382e84463cb/Dignity-chief-caught-for-illegal-transfer-from-89yrold%E2%80%99s-fund.html?pageno=1>
 Dignity chief caught for illegal transfer from 89-yr-old’s fund

Respected NGO for senior citizens in the dock for allegedly obtaining a
bogus power of attorney to administer aging Parsi man’s property worth
crores

 Manoj R Nair
 [image: Freakin' Awesome!] [image: Freakin' Awesome!] [image: Freakin'
Awesome!] [image: Freakin' Awesome!] [image: Freakin' Awesome!]

 Posted On Wednesday, June 02, 2010 at 09:11:56 AM

The head of Dignity Foundation, Sheilu Srinivasan, was released by the
police on bail on Monday after allegations that her group fraudulently
obtained power of attorney from an 89-year-old resident of Opera House to
administer property worth crores of rupees.



Srinivasan has been named in a complaint, filed at Girgaum metropolitan
court in September last year, that says equity shares worth Rs 6.5 crore
owned by H S Wadia were sold by a man named Mehernosh Palia, who had
influenced him to become co-owner of the shares.

D B Marg police station said that using the power of attorney, an amount of
Rs 1,24,000 was transferred from Wadia’s bank account to Srinivasan’s
Dignity Foundation.

    H S Wadia
While investigations do not show whether the NGO was involved in the sale of
the shares, police say that a manager of the Dignity Foundation, Hemang
Desai, had created a bogus power of attorney allowing the organisation to
make financial dealings on behalf of Wadia. Desai was arrested in December
2009, and subsequently released.

On Monday, Srinivasan, 62, furnished a surety at the police station pursuant
to a sessions court order in an anticipatory bail application in the matter.

Wadia, a bachelor who lives alone, was a partner in a now defunct family-run
engineering firm. Apart from the Opera House flat, he owns equity shares
worth several crore rupees. His sister Khorshed Izakil, who is based in New
Delhi, has told police that she was suspicious after she saw transactions in
her brother’s bank pass-book while visiting him in Mumbai.

When contacted, Dignity Foundation officials said that they had sent
volunteers to look after Wadia after receiving a call on their helpline.
Wadia, however, has denied calling them for help.

A senior police officer from D B Marg Police Station said that Wadia was not
a member of Dignity Foundation. “There is no question of him giving the
organisation his power of attorney to act on his behalf in property
transactions,” the officer said.

“Dignity Foundation is supposed to charge only a nominal amount for
providing services to senior citizens. They cannot create a power of
attorney giving them the authority to manage the financial affairs of the
people who they help. Srinivasan was arrested because she is the signing
authority mentioned in the power of attorney.”

Police have also said that when they went to speak to Wadia after the filing
of the complaint, servants told them that Desai and Palia, who used to come
over at the pretext of helping Wadia, had forbidden them from allowing him
to meet outsiders.

    Sheilu Srinivasan
Dignity Foundation, which has 80 centres across
India<http://cms.mumbaimirror.com/ads.aspx?adid=4>,
was set up by Srinivasan in 1995. In her bail application, she has said that
there was no evidence connecting her to the main accused.

While Srinivasan declined to comment, her lawyer Mohan Tekavde said:
“Srinivasan had obtained anticipatory bail and as per orders of the Sessions
Court, we furnished surety to the court on Monday.”

Palia, who has also obtained anticipatory bail from the court, said: “Wadia
cannot make such comments about me. I have been badly implicated by people
who want to grab him property. The shares were jointly owned by me and Wadia
since the beginning.”

Wadia’s family said he was not in a condition to talk about the case. “My
brother is physically and mentally not in a position to answer questions
from the media,” his sister Khorshed, herself 83 years old, said.

The octogenarian’s New Zealand-based nephew Farokh Wadia, who met him last
in September 2009 when he visited
India<http://cms.mumbaimirror.com/ads.aspx?adid=4>,
said: “I don’t know whether my uncle is aware of what is happening around
him. But he is disturbed. People who are not members of his family have
cheated him.”



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