Wakilii

In the matter of an application for appointment of a personal representative by Ariella Almeida Ginsberg (Family Cause No. 21 of 2025)

High Court · [2025] UGHCFD 64 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for appointment of personal representative under the Mental Health Act
Decision
Applicant appointed as personal legal representative and manager of the affairs of two persons found to be suffering from mental illness

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court appointed Ariella Almeida Ginsberg as personal legal representative and manager of the affairs of Delia Almeida and Marie Louis B Willy Chetty, both found to be suffering from mental illness and incapable of managing their affairs. The appointment covers management of their joint bank accounts, moveable property, real property, and authority to make medical decisions on their behalf under sections 62 and 63 of the Mental Health Act.

Outcome

Applicant appointed as personal legal representative and manager of the affairs of two persons found to be suffering from mental illness

Facts

Delia Almeida, aged 77, and Marie Louis B Willy Chetty, aged 87, were both receiving treatment for mental illness. Mrs. Almeida was diagnosed with advanced idiopathic Parkinson's disease presenting with progressive cognitive decline, increasing forgetfulness, inability to manage medication, and cognitive impairment jeopardizing financial and medical decision-making. Mr. Chetty was diagnosed with Parkinson's disease, metastatic prostate cancer, sick sinus syndrome with recurrent pleural effusions and bilateral chest drains with a pacemaker inserted. Both lacked independent and informed cognitive ability to understand the nature and effects of their decisions and actions. They owned joint property including bank accounts with Bank of Baroda, motor vehicles, and Mrs. Almeida owned leasehold property at Plot 18 Mackenzie Vale Kampala. They had no children or dependents. Ariella Almeida Ginsberg, the grandniece of Mrs. Almeida through her biological mother, applied to be appointed their personal representative. The applicant stated the patients were under her care and she often returned to Uganda for this purpose.

Issues

  1. Whether Mrs. Delia Almeida and Mr. Marie Louis B Willy Chetty are suffering from mental illness.
  2. Whether the applicant is a fit and proper person to be appointed as a legal representative.

Orders

  • Ms. Arielle Almeida Ginsberg is appointed as the personal legal representative and manager of Mrs. Delia Almeida and Mr. Marie Louis B Willy Chetty to manage their joint assets comprised in joint bank accounts held with Bank of Baroda namely US Dollar Account No. 9515010000084 and Uganda Shillings Account No. 951501000001436 and Fixed Deposit Account No. 951503000001303 and chattels and moveable properties such as motor vehicles UAF 266Z- Isuzu Bighorn and UAG 002S Toyota Rav 4.
  • Ms. Arielle Almeida Ginsberg is appointed as the personal legal representative and manager of Mrs. Delia Almeida's property comprised in Leasehold Register Volume 466 Folio 7 Plot 18 Mackenzie Vale Kampala.
  • Ms. Arielle Almeida Ginsberg shall make medical decisions on behalf of Mrs. Delia Almeida and Mr. Marie Louis B Willy Chetty in their best interests.
  • The applicant shall meet the costs of this application.
  • The applicant shall file an account of how she has managed the estate within six months from the date of this ruling.

Rules and key headnotes

Mental Health — Determination of Mental Illness — Diagnostic Criteria
For a person to be found to be of unsound mind under the Mental Health Act, their mental capacity must be such that it does not allow them to take independent decisions or to comprehend the consequences of their decisions or the ordinary nature of things. A determination of mental health status must be carried out by a psychiatrist or, where a psychiatrist is not available, by a senior mental health practitioner.
Mental Health — Appointment of Personal Representative — Statutory Criteria
Where an order is made that a person with mental illness is not capable of managing their affairs, or where a person with mental illness does not appoint a personal representative, the court shall appoint a suitable relative to be their personal representative under section 62 of the Mental Health Act. A relative includes a spouse, parent, grandparent, child, sibling, uncle, aunt, or grandniece of a person with mental illness, whether by blood, marriage, or a relationship established by law.
Mental Health — Personal Representative — Powers and Duties
A personal representative appointed under section 62 of the Mental Health Act shall manage the estate of the person with mental illness and be the guardian of that person and their dependents. The personal representative shall act in the best interest of the person with mental illness to manage their estate and ensure proper care of the person and their dependents.

Legislation cited (11)

Cases cited (4)

  • Re Songolo Difasi Mugabo (HCMC No. 16 of 2019)
  • Jordan Sebuliba Kiwanuka v Mohan Musisi Kiwanuka (CACA No. 61 of 2020)
  • Lakot Rhoda v Odongo Paineto (Miscellaneous Cause No. 5 of 2024)
  • Aseru Joyce v Anjoyo Agnes (HCMA No. 1 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter of an application for appointment of a personal representative by Ariella Almeida Ginsberg (Family Cause No. 21 of 2025) [2025] UGHCFD 64 (15 July 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.