The High Court in Kabale has allowed two children of an elderly woman to take over management of her property after finding that she is mentally incapable of handling her affairs due to Alzheimer’s.
In his ruling, Justice Karoli Lwanga Ssemogerere appointed Edmund Amanyire and Vivienne Mugabirwe as joint personal representatives of their mother, Prisca Kantangizi, after declaring that she lacks the mental capacity to manage her estate.
The case arose after Amanyire and Mugabirwe, both adults, petitioned the court seeking orders under the Mental Health Act to have their mother declared mentally unstable and unable to manage her property. They told the court that Kantangizi, who lives in Kabale Municipality, has been suffering from dementia for several years and can no longer make informed decisions about her life or property.
According to court records, Kantangizi owns several properties in Kabale, including a residential house where she ordinarily lives and other freehold land on Rwakiseta Road and Mutambuka Road. The applicants said the estate was at risk because their mother could not understand financial matters, consent to transactions, or organise repairs to her deteriorating home.
In their application, the two siblings argued that their mother was “suffering from dementia and unable to comprehend anything,” could not appoint legal representatives on her own, and had urgent financial and medical needs that required lawful intervention.
They were represented by Ndyomugabe and Co. Advocates. a lawyer did not represent Kantangizi herself. The court excused her from personally attending the proceedings after being satisfied that her condition made participation difficult.
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Justice Ssemogerere explained that the main issue before the court was whether Kantangizi had the mental capacity to manage her affairs and, if not, what remedies the law allowed.
Ssemogerere stressed that not every mental illness automatically means a person lacks legal capacity.
“This avoids the stigma of labeling persons as lacking mental capacity without formal proof, especially those with legal consequences,” he said.
To support their case, the applicants relied heavily on medical evidence from Kabale Regional Hospital.
Johnson Bitungwa, a principal psychiatric officer at the hospital, swore an affidavit stating that Kantangizi suffered from “progressive forgetfulness, disjointed thought process, disorientation in dates, months and years and impaired judgment with behavioral changes.”
Bitungwa told the court that the condition pointed to “a degenerative disease of the brain which is progressive in nature” and that Kantangizi was “unable to consciously give any consent or information regarding her medical care or support.”
He diagnosed her with Alzheimer’s dementia and warned that her condition was unpredictable and worsening, making it necessary for a legal representative to oversee her care and property.
Justice Ssemogerere considered affidavits from Amanyire, who told the court that his mother’s dementia was first diagnosed in 2021 and significantly worsened in 2022. He described her as unresponsive and incoherent during a physical hearing and said she required constant care.
Court further noted that the wider family had met and agreed that Amanyire and Mugabirwe should manage their mother’s affairs. Minutes of a family meeting held on November 1, 2025, were signed by Kantangizi’s brothers, sisters and other relatives, including former minister Dr Ezra Nkwasibwe.
After reviewing the evidence, Justice Ssemogerere concluded that the legal threshold had been met.
“I find that a medical and factual basis has been presented to support a finding that the respondent lacks mental capacity to manage her own affairs,” he ruled.
He then appointed Amanyire, 51, and Mugabirwe, 44, as suitable relatives to act as personal representatives under the Mental Health Act. The court granted them general powers to manage their mother’s estate but imposed strict reporting obligations.
Justice Ssemogerere ordered Amanyire and Mugabirwe to file an inventory and final accounts of the estate within six months and to submit progress reports to the court every two months. He emphasised that such orders are reviewable to protect vulnerable persons from abuse.
He acknowledged the emotional burden of Alzheimer’s on families. He described mental illness as “a collective burden on both the immediate and extended family” and praised the unity shown by Kantangizi’s relatives.
Ssemogerere cited the experience of former US first lady Nancy Reagan, who called Alzheimer’s “the long goodbye,” to underline the long-term toll on caregivers.
