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
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