guardianship
Querist :
Anonymous
(Querist) 22 October 2009
This query is : Resolved
Under what provision of law a guardian can be appointed for a mentally retarded adult person.
A V Vishal
(Expert) 22 October 2009
The National Trust for the Welfare of Persons with Autism, Cerebral Palsy Mental Retardation and Multiple Disabilities Act, 1999 (for short, The National Trust Act), provides for the constitution of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability.
Section 14 of the Act provides for guardianship.
A parent of a person with disability or his relative can make an application to the local-level committee for appointment of any person of his choice to act as a guardian of the persons with disability. Any registered organisation also can make an application to the local- level committee for appointment of a guardian for a person with disability.
While considering the application for appointment of a guardian, the local-level committee should consider whether the person with disability needs a guardian and the purposes for which the guardianship is required and then make recommendation for the appointment of a guardian. It can also provide for the obligations of the guardian.
Section 15 details the duties of Guardian: Every person appointed as a guardian of a person with disability should, wherever required, either have the care of such persons of disability and his property or be responsible for the maintenance of the person with disability.
Every guardian should, within six months of his appointment, deliver to the authority which appointed him an inventory of immovable properties belonging to the person with disability and all assets and other movable property received on his behalf together with a statement of all claims due to and all debts and liabilities due by the person with disability.
Every guardian should also furnish to the appointing authority within three months after the close of every financial year an account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him.
There is also a provision for the removal of guardian: Whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is abusing or neglecting a person with disability; or misappropriating or neglecting the property, they should apply to the committee for the removal of the guardian.
Then the committee should, if it is satisfied that there is a ground for removal, remove the guardian, recording reasons for the same and appoint a new guardian or make other arrangements for the care and protection of person with disability.
The removed guardian is bound to deliver the charge of all properties of the person with disability to the new guardian and to account for all moneys received or disbursed by him.
Prakash Yedhula
(Expert) 22 October 2009
If the mentally ill person is possessed with property, then the provisions under Mental Health Act will apply.
53. Appointment of guardian of mentally ill person
Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of Sec.54, the Collector of the District, may appoint any suitable person to be his guardian.
In the discharge of his functions under sub-section (1), the Collector shall be subject to the supervision and control of the State Government or of any authority appointed by it in that behalf
54. Appointment of manager for management of property of mentally ill person
Where the property of the mentally ill person who is incapable of managing it is such as can be taken charge of by a Court of Wards under any law for the time being in force, the District Court shall authorise the Court of Wards to take charge of such property, and thereupon notwithstanding anything contained in such law, the Court of Wards shall assume the management of such property in accordance with that law.
Where the property of the mentally ill person consists in whole or in part of land or of any interest in land which cannot be taken charge of by the Court of Wards, the District Court may, after obtaining the consent of the Collector of the District in which the land is situate, direct the Collector to take charge of the person and such part of the property or interest therein of the mentally ill person as cannot be taken charge of by the Court of Wards.
Where the management of the property of the mentally ill person cannot be entrusted to the Court of Wards or to the Collector under sub-section (1) or sub-Section (2), as the case may be, the District Court shall appoint any suitable person to be the manager of such property.
adv. rajeev ( rajoo )
(Expert) 22 October 2009
I agree with vishal. There is format according to that format you will have to file a petition
