Who is a Guardian
A guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian.
Role of a Guardian
The guardian takes all important decisions on behalf of the person and the property of the ward viz legal, medical related decisions like surgery, etc., opening & operating bank account on behalf of the person of whom he is the guardian, making investments, etc.
Need of Guardian for a Minor/Special Needs Person
- A Minor is a person who is less than 18 years of age and hence is considered unfit to take decisions for himself. A minor person is treated in law as incompetent to enter into contract and can only represent himself through his guardian.
- As per India’s Hindu Minority and Guardianship Act, 1956, natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother . In case of a married minor girl, husband is the guardian.
- A parent can appoint a guardian for his minor child (who may also be a person with disability) under a ‘Will’ or other testamentary instrument.
- Separate guardians can be appointed separately for the care of the person and for the care of the property of the person with disability.
- In case of a special needs child, a ‘legal guardian’ is appointed to take care of him and his interests in the event of death of both parents.
- A person who due to some physical and mental deficiencies (even if above 18 years of age) is unable to take care of himself or his property may also need a guardian. However, in cases of cerebral palsy and multiple disabilities, there may be a need for only limited guardianship.
- Separate guardians can be appointed separately for the care of the person and for the care of the property of the person with disability.
Governing Authority for the appointment of a legal guardian for persons with Autism, Celebral Palsy, Mental Retardation & Multiple Disabilities
Local Level Committee (LLC) headed by the District Collector
Is it mandatory to apply for legal guardianship of a person with disability
No, it is not mandatory. However, it is recommended..
Who cannot be appointed as a guardian of a person with disabilities
- A friend of a person with disability unless recommended by a parent or a sibling or a relative
- Minor
- A person living abroad
- A person who is not citizen of India