Posted: 17 Sep 2013 11:52 PM PDT
LEGAL GUARDIANSHIP – UNDER NATIONAL TRUST ACT.
Persons
with autism, cerebral palsy, mental retraction and multiple
disabilities are in a special situation as even after they have acquired
18 years of age, they are not always capable of managing their own
lives or taking legal decisions for their own betterment. Therefore,
they require someone to represent their interests in the legal areas
throughout their lives. However in cases of cerebral palsy and multiple
disability, there may be a need for only limited guardianship because of
the availability of enabling mechanisms and/or scientific facilitations
which enable such persons to function with varying degrees of
independence.
Why is Legal Guardian Necessary for Person with Disability?
1. For
Loans and Concessions, special schemes meant for persons with
disability. Their legal guardians can effectively represent them in
these matters .i.e. National Handicapped Finance Development Corporation
is running various income-generation schemes for the benefit of such
persons, Legal guardians can represent on their behalf.
2. For
Managing Investments like landed property etc. The National Trust Act,
the parents can get themselves appointed as legal guardians and deal
with the property in their son’s name after he has attained 18 years of
age. The property can continue to remain in the name of the son with
disability .
3. For
opening and operating Bank Accounts/Banking transaction/Post office
A/cs etc. Banks do not allow the guardian of a minor to operate the a/c
once the minor attained majority. Legal guardianship obtained under
National Trust Act will enable the child with disability to have valid
representation before the Bank even after he has attained 18 years of
age.
Who Can Apply for Appointment of Legal Guardian?
a) The natural parents
b) If
the parents are not alive or have been imprisoned or incapable of
discharging the duties of a legal guardian or are themselves dependant
on others, the application can be moved before the committee by siblings
jointly.. If one sibling out of many is applying, No objection from
other siblings will be procured. with the reason why other siblings are
not submitting jointly. Siblings include stepbrothers and stepsisters
also.
c) In the absence of above two any relative can apply. The relation should be by blood, adoption or marriage.
d) In
the absence of above three, any voluntary organization working in the
area of the disabilities covered by the National Trust Act, 1999 and
registered with the National Trust under section 12 of the said act may
apply for the guardianship. In such cases it is also open to an
LocalLevelCommitee to ask a voluntary organization to apply for the
legal guardianship of such person.
The
process of applying for Legal Guardianship has been made much simpler .
For applying one has to just fill a simple form and submit. If he
follows this procedure, the matter will automatically be referred to the
concerned Local Level Committee for its action.
Any applicant can visit our website www.thenationaltrust.in
, click on the MIS log in, an MIS window will appear. On the menu bar
click on to Guardianship and apply for Guardianship (Application Form-A
is at Anexure-1)
Benefits
: Anyone can judge the genuineness of the certificates if the Legal
Guardian applies for any Loans, grants, concessions, pension in the name
of Person with Disability. Even a check on the misuse of certificate
can be ensured as anyone can check online and if the certificate is
found invalid reject his grant or loan application out rightly.
A depository is therefore created where each and every record of the
Certificates issued so far with complete details are available.
Local
Level Committees are formed at District Level and are headed by officer
of the rank of Distt.Magistrate or Deputy Commissioner of a district.
LLCs meet once in three months, The committee will receive application
for appointment of guardians and consider and appoint guardians . The
LLC is not a court of law but it has to discharge quasi-judicial
functions which implies that the Committee will consider and dispose
issues of guardianship with proper application of mind and after
following principles of natural justice.
The application can be made online
Form
of application to Local Level Committee by a parent, relative or a
registered organization for appointment of guardian for person with
Disability for protection of his person/property.
Application for Legal Guardianship
|
No comments:
Post a Comment