Trust for protection of disability child
Raj Kumar
(Querist) 06 August 2025
This query is : Resolved
Dear sir
my child, a female child got affected with shizophrenia ( a mental disease) during her studies while doing MBBS. Though now done MBBS but
Due to her disability she has difficulty in performing certain high-end roles like planning, coordinating, and remembering too many things and does require support
We parents can support her as long as we are alive.
Is there any legal way to support her or to appoint any manager or trustee or form a trust, which after our death can perform the function of supporting her on consideration basis? Basically, taking care of all her needs.
And this should continue till she is alive
Please guide
kavksatyanarayana
(Expert) 06 August 2025
Under the Mental Health Care Act, 2017, an adult with mental illness, a trusted person who can see her in all aspects, such as health issues, property, legal issues, etc., may be appointed as a Guardian, or you can request the District Court for the appointment of a guardian.
T. Kalaiselvan, Advocate
(Expert) 08 August 2025
Any parent with a child with special needs can set up a private trust and secure the future of the child. This Trust can fund all expenses related to child care. The Settler of the Trust (person creating the trust) can specify how the funds should be utilized. Unlike general financial instruments, a private trust provides parents with comprehensive control over the management and distribution of assets. By creating such a trust, parents can specify not only the beneficiary—in this case, their specially abled child—but also the precise terms governing how and when the funds should be used to support their child’s well-being.
A private trust ensures that the financial resources are protected from potential risks and mismanagement, offering a structured approach that prioritizes the long-term interests of the child. Parents can outline clear directives regarding permissible expenditures, whether for medical care, education, therapy, or other essential needs. This level of customization ensures that the trust aligns closely with the child’s unique requirements and evolving circumstances.
Sudhir Kumar, Advocate
(Expert) 08 August 2025
