Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Guardian certificate under mental health act

(Querist) 27 November 2019 This query is : Resolved 

Dear Sir/Madam,

I had filed guardianship petition to the local District Court for my elder brother who is suffering from Schizophrenia. The purpose is to receive family pension of my late father. The court has accepted my petition and issued an order appointing me as the legal guardian. But the issue of Guardian certificate is still pending. My advocate and court office officials are still clueless about the wording and format. So the matter is getting delayed.

So I am looking forward for an example Guardian certificate issued under Mental Health Act. This can quicken the process of getting my certificate.

Thanking you.

Regards,
Harsha






Guest (Expert) 27 November 2019
Court's Order would suffice and nothing more to worry
Guest (Expert) 27 November 2019
Still if Author is Particular -------Guardianship Under National Trust Act -- Under Section 14 of the National Trust Act the Local Committee headed by the District Collector is empowered to receive application in Form A under Rule 16 (1) and appoint Guardian in Form B under Rule 16 (2) for persons suffering with Autism , Cerebral Palsy . Mental Retardation and Multiple Disabilities. It also provides mechanism for maintaining and protecting their interests including their properties
Guest (Expert) 27 November 2019
Meet the Concerned Officials Or the PRO in the concerned District Collector Office for more details and proceed
Sudhir Kumar, Advocate (Expert) 28 November 2019
Agreed with above views.

You are appointed a guardian when prima facie court is convinced that (i) there is a mental health issue (ii) there are some rights of patient to be protected (iii) you are eligible person (iv) no harm is likely to be caused by you to the interests of the patient.

Your worry about format could not be understood.

you can also visit the website of disabilities commission.
Sudhir Kumar, Advocate (Expert) 28 November 2019
If you could narrate the pension issue some expert could guide you if it can be solved without litigation.
Sb Karma (Expert) 28 November 2019
Guidelines for receiving, processing and confirmation of application for appointment of a guardian

The Local Level Committee shall receive applications for appointment of guardian in Form A under the rules.
On receipt of the application for appointment of guardian, the Local Level Committee shall scrutinize the application and call for any supporting document or information that may be necessary for deciding the issue of guardianship.
In case of application received from parents for guardian other than themselves, the Local Level Committee may decide to get parent’s counselling in any manner, it may decide to determine the genuineness of having a guardian other than parents.
If parents or relatives are not available for the person with disability who is in need of guardian, because of being a vagrant or destitute or found abandoned, member or members of the Committee may ask for applications from a registered organization to initiate the process of guardianship for the person.
The person with disability must be assessed by the Local Level Committee, to determine the genuineness of the need of guardianship and it shall be open to the Local Level Committee to seek the assistance of technical personnel or their services to determine the need.
The Local Level Committee shall satisfy itself about the capabilities and the suitability of the person on whom guardianship is being conferred.
The application for guardianship for personal care and maintenance shall be accepted to cover the following areas, namely –
Food, clothing and shelter needs;
Health care needs;
Religious needs;
Education, training and employment needs;
Leisure and nutrition needs;
Protection from exploitation and abuse;
Protection of constitutional and human rights; and
Medical and surgical needs.
The confirmation of appointment of the guardian on application made by (1) a registered organization; or (2) the parent or relative of a person with disability shall be made in Form B under the rules.
Apart from Hard Copy system online Legal Guardianship Module is available for LLCs for processing Applications for Guardianship and Appointment thereof to form National Depository of Legal Guardianship Certificates (NDLGC).
Harsha Vardhana R (Querist) 28 November 2019
Still awaiting for an example of certificate
Sankaranarayanan (Expert) 01 December 2019
What is the necessity of Guardian certificate example? what you going to achieve after seeing it? instead of seeking the same , request your lawyer to find the delay reason
krishna mohan (Expert) 17 December 2019
Just check on any particular format acceptable to the Pension authority and hand over to your lawyer. Otherwise Court will pass order based based on application made.


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