Guardianship of a major under mental health act 1987


Dear Experts,

 

Ours is a Hindu family. My elder brother (aged 58+) is mentally ill (Paranoid Schizophrenia with a history of 25+ years) & has been medically certified by a Government District Surgeon (80% disability) after a panel discussion. All the medical experts have an unanimous opinion that he needs life-long residential rehab with medical care.

 

For the simple issue of receiving Family Pension (My father was a govt employee and after his death, my mother got Family Pension), I need an official ' guardian' to hold the 'receiving account'.

 

The Mental Health Act 1987 (section 53 & 54) quotes both District Courts and Collectors as competent authorities to nominate a Guardian. But most of the revenue officials just direct us to the court.

 

Please note that, as of now, we just need a certificate acceptable to government authorities (like Accountant General) for family pension. We don't have any immediate plans of sale of shared property etc.

 

Please advise me if District Collectors are authorized for the issue of guardianship.

 

Regards,

Harsha Vardhana R

 
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