A person with Autism, Celebral Palsy, Mental Retardation and Multiple Disabilities may need the help of a legal guardian on various occasions for smooth running of life. Before the National Trust Act, 1999 there was no provision in the law for appointment of a guardian for adults who are Person with Autism, Celebral Palsy, Mental Retardation and Multiple Disabilities.
The National Trust Act 1999 empowered the Persons with above disabilities by making provisions for appointment of Guardian to represent him/her throughout the life.
Amongst all important areas of life, where the person with above-mentioned disabilities may need the support of a legal guardian, one is opening bank accounts & banking transactions, post office accounts and managing investments.
Hence, a person with special needs, if needed, can take support of his duly appointed legal guardian for opening & operating bank accounts, post office accounts, managing his investments, etc.
RBI Circular in regard to Opening & operating bank accounts for Persons with Autism, Celebral Palsy, Mental Retardation and Multiple Disabilities
February 11, 2016
The Chairman/Chief Executives
(All Scheduled Commercial Banks other than RRBs)
Legal Guardianship Certificates issued under the Mental Health Act, 1987
Please refer to Circular DBOD.No.Leg.BC.84/09.07.005/2013-14 dated January 13, 2014 wherein banks were advised, inter alia, to take note of the legal provisions in the Mental Health Act, 1987 and that they may rely on and be guided by the orders/certificates issued by the competent authority, under the Act, appointing guardians/ managers for the purposes of opening / operating bank accounts.
2. It has been brought to our notice that banks are insisting on guardianship certificate from all mentally ill persons. In this regard it is clarified that paragraph 2(iii) of the aforesaid circular is not intended to mandate banks to insist on appointment of a guardian as a matter of routine from every person “who is in need of treatment by reason of any mental disorder”. It would be necessary for banks to seek appointment of a guardian only in such cases where they are convinced on their own or based on documentary evidence available, that the concerned person is mentally ill and is not able to enter into a valid and legally binding contract.
Chief General Manager