General power of attorney for mentally retarded

Aftab4u (Querist) 28 December 2012 This query is : Resolved
How to get the GPA for the mentally retarded person as court has appointed me as Guardian for her property will that is sufficient or we need to take GPA if so what is the process for the same. Pls advice

Follow Query

Report Abuse

Hazarae M Raj (Expert) 29 December 2012
If there is a court order appointing you as the guardian, there is no question of GPA

Shailesh Kr. Shah (Expert) 29 December 2012
There is no need of GPA.
You can do all deeds as per order of the court.

prabhakar singh (Expert) 29 December 2012
A mentally retarded person has incapacity to create or enter into any agreement or contract,that is why there is law to appoint guardian of such person to act on his/her behalf as he /she can not do on his /her own personally.

GPA is also a contract which if she could legally write she could write also a sale deed .

Hence Court's order is sufficient if under its terms you have been permitted to sale,otherwise you need a fresh order of permission by same court to sale her property by showing the need for her benevolence. ONLY APPOINTMENT AS GUARDIAN TO PROPERTY OF A PERSON WITH INCAPACITY MEANS TO SIMPLY LOOK AFTER AND MANAGE BUT DOES NOT MEAN A RIGHT TO SALE UNLESS
PERMISSION TO SALE IS GRANTED IN EXPRESS TERMS BY THE COURT.

Guest (Expert) 29 December 2012
Court order, itself, is an authority to act on behalf of the mentally retarded person. But, any sale/disposal of property in the name of the mentally retarded person should be with due permission of the comptent court of law by giving proper justification that the sale/ disposal of property is to serve the interest/ purpose of the retarded person.