Becoming a Legal Guardian for a Person with Disability
Learn how to become a legal guardian for a person with a disability, including the key players involved in the process such as family members, the Local Level Committee (LLC), and Registered Organizations (RO). Discover who can be a legal guardian, the qualifications required, and the procedure to apply for legal guardianship. Ensure the best interests of the person with a disability are protected through this important legal process.
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Presentation Transcript
HOW DO YOU BECOME A LEGAL GUARDIAN TO A PERSON WITH A DISABILITY?
WHO IS A LEGAL GUARDIAN(LG)? A person selected by the parents of a person with disability (PwD), or appointed by court of law to act as the primary care giver of the PwD. A Legal Guardianship is the legal process of appointing a legal guardian to the PwD, who has the authority to make decisions on all personal matters (in some cases financial too) on behalf of the PwD, to suit his/her best interests. PARENTS TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE
KEY PLAYERS WHO ARE PART OF THE LG PROCESS FAMILYMEMBERS Siblings or blood-related family members may be designated guardians in lieu of the inability or absence of biological parents to become Guardians themselves BIOLOGICAL PARENTS OF THE PWD REGISTEREDORGANIZATION (RO) In absence of relatives, LLC may direct a Registered Organization(RO) to become the guardian instead. PWD person with disability LOCALLEVELCOMMITTEE (LLC) A district level committee who approves, appoints and monitors the legal guardian of a PwD. The committee must have an officer of the rank of District Magistrate or Deputy Commissioner of the district
WHOCANBEANLEGALGUARDIAN? PARENTSCANPICK ANYINDIVIDUALASALEGAL GUARDIANWHOHAS THECHILD S BESTINTERESTSINMIND PARENTS Note: Parents are considered the legal guardians of their ward until the ward is 18years of age. Once the child turns into an adult (>18years of age) the parents need to apply for Guardianship under the norms laid out by National Trust. Hence, for a ward >18years of age, parents are also required to apply for Guardianship by the procedure shown in this presentation. FAMILYMEMBERSRELATEDBYBLOOD Biological parents themselves Siblings of the PwD Relatives of a PwD LLC MONITORS THEPROCESSCLOSELY OR FAMILYMEMBERS RO
QUALIFICATIONS OF A LEGAL GUARDIAN (LG) OR FAMILYMEMBERS RO A potential LC must have the following qualities - Individual must be a citizen of India Individual is of sound mind Individual must have no prior or current criminal record and/or pending court cases Individual must be financially independent In case of an RO, the organization should be registered with the state social welfare department
LEGAL GUARDIANSHIP PROCEDURE Go to the National Trust website (http://www.thenationaltrust.gov.in) Fill the requested details OR Scroll down and open the Legal Guardianship category 1 Select Guardian for the PwD 2 RO FAMILYMEMBERS PARENTS POTENTIALGUARDIAN Submit online application 3 TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE Please make note of the APPLICATION ID for tracking status of the application. 5 7 6 The parents must take the PwD to the District collector s office (Tashildar) for verification Download the LG certificate LLC visit the home of the PwD for verification Parents must login into the National Trust website 4 Government official review the case Application goes to the District Collector s office for review PWD OR & approve the application PARENTS
DOCUMENTSFORTHELEGALGUARDIANSHIPPROCESS Birth Certificate of PwD Address proof (+1 photocopy) of PwD Address proof (+1 photocopy) of guardian to be. Disability Certificate issued by recommended medical board Relationship of guardian to be and reason for application of guardianship (if parents are not the guardian to be) and PwD. Two people who are closely connected to the PwD (as witness) with proof of their name, Address, Mobile No., Aadhar card. Letter of consent of the parents of the PwD Property holdings (including Gold, Silver articles) and bank accounts of the guardian to be and that of PwD (MAY OR MAY NOT BE APPLICABLE)
LEGALDUTIESOFTHEGUARDIAN APPOINTED GUARDIAN OR FAMILYMEMBERS RO LLC monitor the Guardian LLC Duties of the Guardian Is available to guide the ward (i.e. PwD) without remuneration Participates in the financial decisions for the ward and his/her properties (this is applicable in the absence of a Trust) Makes decisions for the ward that is in the best interests of the person. Is responsible to take measures to ensure well-being of the ward Ensures the ward is protected against any form of abuse & ill treatment by others.
WHY APPLY FOR LEGAL GUARDIANSHIP? Legal Guardianship can be useful for day-to-day legal decisions that need to be made with/on behalf of the PwD. The Legal Guardianship certificate will come in handy for - INSURANCE PLAN SUBSCRIPTION LOANS & CONCESSIONS TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE INVESTMENT MANAGEMENT OPENING A BANK ACCOUNT MUTUAL FUNDS & SHARE SUBSCRIPTIONS PROPERTY RIGHTS Source : Jai Vakeel Foundation
REFERENCES National Trust www.thenationaltrust.gov.in Jai Vakeel Foundation www.jaivakeel.org We thank Ms.Ambika Harithas for help with information collection and validation of the process The sister duo Ambika & Aparna founded Aikyaa Arts to raise awareness about Down Syndrome through the arts For more information please visit https://aikyaa-arts-terracotta-jewellery.business.site
