Disabilities act 2016

Sathish Karampuri (Querist) 25 June 2024 This query is : Resolved
Hello experts
There is case petitioner want take custody her brother as her brother is mental ill health / insane since childhood now his age approx 70 years. Under what section of law can she file a petition before district court

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This discussion clarifies the process for appointing a guardian for a mentally ill individual under the National Trust Act 1999. Siblings or relatives can apply for guardianship through the Local Level Committee, headed by the District Collector, using specific forms and following outlined regulations. The process involves appointing a guardian for individuals with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, ensuring their interests and properties are protected.

T. Kalaiselvan, Advocate (Expert) 25 June 2024
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. It also provides mechanism for monitoring and protecting their interests including their properties.
Who may apply for guardianship
Section 11 of Regulations –

Both 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.
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.
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 non-application of sub-regulation (1), (2) and (3), any registered organization may make an application for guardianship.
The Local Level Committee may direct a registered organization to make an application for guardianship in case of a destitute or abandoned person.

Sathish Karampuri (Querist) 25 June 2024
Thank you so much sir
Is it ok to filed petition section 14 Disabilities act 2016 As it says limited and in proviso permanent guardian ship in district court and if yes where should I find court fee for this act

T. Kalaiselvan, Advocate (Expert) 25 June 2024
You can approach the district collector's office where a separate cell will be functioning under the supervision of an officer of the deputy collector rank.
You can get more details and clarifications from there.

Sathish Karampuri (Querist) 25 June 2024
Thank you so much for your information sir

P. Venu (Expert) 23 July 2024
Admittedly, the disabled person is 70 years. Who has been taking care of him, so far?

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