Andhra Pradesh High Court allows wife to operate husband's bank account for medical care

On April 6, 2026, the Andhra Pradesh High Court granted relief to 59-year-old Smt Nagamma from Y.S.R. Kadapa District, allowing her to access her husband’s funds in his bank account. She needed this money because he continued to be in a persistent vegetative state and required medical care. As she had run out of her own funds, there was nothing left for his medical treatment or their household expenses. Further, they have two kids and their expenses keep rising as they grow.

To give you a bit of background, Nagamma’s husband is now 65-year-old and has been diagnosed with CVA-left CG Hematoma, Status Post Left FTP Decompressive Craniectomy, having undergone a surgery at Care Hospital HI-Tech city.

But despite the surgery, his medical condition has not improved and he continues to remain in vegetative state, requiring a tracheostomy tube for breathing and Ryle tube for feeding. He has some properties in his name and Rs 14.38 lakh in his Axis Bank account.

Thus to access these funds, Nagamma had filed this court case to be appointed as his guardian.

The Andhra Pradesh High Court referred to the certificate issued by the Medical Superintendent of Care Convoy Rehabilitation and other certificates issued by New Life Rehab Hospital, which apparently showed that the patient was currently in a vegetative/comatose state, as reported by LiveLaw.

Justice Venkateswarlu Nimmagadda of Andhra Pradesh High Court said that it is quite clear to justify comprehensive guardianship. They observed that 'when a husband is fully into a comatose or vegetative state, losing the ability to exercise reason, make decision or act on his own behalf, there can be no person more naturally, morally or legally suited than the wife to act as his guardian, considering the Indian ancient philosophical concepts of “Ardhangini” (the wife as other half).

The Andhra Pradesh government argued that the petition itself is not maintainable as it is a civil issue and thus civil court should be approached and not the Andhra Pradesh High Court. This argument was rejected as the high court ruled that she is justified in approaching the high court under Article 226 for appointment of guardian to the person who was lying in “comatose state”.

Accordingly, the Andhra Pradesh High Court allowed her petition, and authorised her to operate his bank account. The high court further directed her to produce the updated passbook/statement of account every three months for a period of one year or till any other major or medical incident, whichever is less, reported LiveLaw.