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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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