regarding property of mentally retarded person
Querist :
Anonymous
(Querist) 19 November 2010
This query is : Resolved
hello all
what is dereference between mentally retarded person and mentally ill person? can father of mentally retarded person can seek the permission under The Mental Health Act to sell the property of his son who mentally retarded.If answer is no, what are the provisions of law relating to this matter?
A V Vishal
(Expert) 19 November 2010
Mental retardation (MR) is a generalized disorder, characterized by significantly impaired cognitive functioning and deficits in two or more adaptive behaviors that appears before adulthood. It has historically been defined as an Intelligence Quotient score under 70.[1] Once focused almost entirely on cognition, the definition now includes both a component relating to mental functioning and one relating to individuals' functional skills in their environment. As a result, a person with a below-average intelligence quotient (BAIQ) may not be considered mentally retarded. Syndromic mental retardation is intellectual deficits associated with other medical and behavioral signs and symptoms. Non-syndromic mental retardation is intellectual deficits that appear without other abnormalities.
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which are not a part of normal development or culture. The recognition and understanding of mental health conditions has changed over time and across cultures, and there are still variations in the definition, assessment, and classification of mental disorders, although standard guideline criteria are widely accepted. A few mental disorders are diagnosed based on the harm to others, regardless of the subject's perception of distress.
The next friend of such person can be appointed as a guardian of such person under Order 32 Rule 15 of the Civil Procedure Code. The guardian can seek permission of the court to dispose the property held by such person for the benefit of the MC person.
