![]() In the event of non-application of sub-regulation (1), (2) and (3), any registered organization may make an application for guardianship. In the event of non-application of sub-regulation (1) and (2) above, a relative may make an application for guardianship. In the event of death, desertion, conviction of both the parents, the siblings (including half and step siblings) jointly or singly (reason of single application to be explained separately) may apply for guardianship of a disabled member of the family. Section 16 (2) state that “Every guardian shall also furnish to the said appointing authority within a period of three months at the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him”.īoth the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years. Section 16 (1) states that “Every person appointed as a guardian under section 14 shall, within a period of six months from the date of his appointment, deliver to the authority which appointed him, an inventory of immovable property belonging to the person with disability and all assets and other movable property received on behalf of the person with disability, together with a statement of all claims due to and all debts and liabilities due by such person with disability”. Impaired capacity of persons with disability for making informed decision making. To fill a legal vacuum since other laws of guardianship are only for minors It also provides mechanism for monitoring and protecting their interests including their properties. Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. ![]() ![]() Guardianship under the National Trust Act Source - As per opinion of Disability Experts that NT Disabilities are conditions which cannot be cured and are not a disease. However, in cases of cerebral palsy and multiple disabilities, 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. Therefore, they may require someone to represent their interests in the legal areas throughout their lives. Persons with autism, cerebral palsy, mental retardation and multiple disabilities are in a special situation as even after they have acquired 18 years of age, they may not always be capable of managing their own lives or taking legal decisions for their own betterment. Special situation of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple disabilities. Source -Guardianship and Wards Act, 1890. A guardian takes decision on behalf of the minor for protecting the interests of the minor and his property. In all matters therefore, a minor has also been considered unfit to represent himself except through his guardian. Therefore, a minor person is treated in law as incompetent to enter into contract with a person who is an adult. ![]() ![]() This is due to the fact that a minor person is considered unfit to take decisions for himself, which can be binding on him as regards others. It can also refer to guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property. From early times, the condition of minority has been the ground for appointment of guardians in all societies. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age. The guardian takes all legal decisions on behalf of the person and the property of the ward. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. A guardian is a person who is appointed to look after another person or his property. ![]()
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