Guardianship of aged adults who are mentally incapable

You may find the following and attachement useful:

According to PWD Act, disability means:

a) Blindness

b) Low Vision

c) Leprosy Cured

d) Hearing Impairment

e) Loco motor disability

f) Mental Retardation

g) Mental illness

In addition, the categories of disabilities recognizes in the National

Trust Act are for the welfare of Persons with Autism, Cerebral Palsy,

and Multiple Disabilities.

{age limit varies from scheme to scheme.}

The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been enacted to protect the rights of persons with disabilities.

Special Laws for disabled persons?

 a) The persons with Disabilities(Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995

b) The National Trust for Welfare of persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities Act 1999

c) Rehabilitation Council of India Act, 1992

d) Mental Health Act, 1987

Persons suffering from these four categories disabilities may have to depend on others even on attaining the age of18 years and may not be able to utilize the opportunities and facilities enjoyed by other citizens. Therefore, legal guardians are appointed to ensure that they an enjoy rights and privilege likeother fellow citizens and lead a complete life.

legal guardian:

 a) Father/ Mother, parents

b) Relatives

c) Any organization registered with the National Trust

You may approach good Samaritans who are working for the rights of disabled e.g.: leading Disability Rights Activist, Subhash Vashisth, who is a Delhi based lawyer.

-- You may approach actvists: Disability Rights Group, and  Javed Abidi, (the director of the National Centre for Promotion of Employment for ... People (NCPEDP) in India, and the founder of the Disability Rights Group.) who had filed PIL fetching interim  relief from Delhi high court to a student with dyslexia, and also from Supreme Court for taking into consideration the true spirit and objective for which the Persons with Disabilities…….in Javed Abidi v. Union of India.

These highly informed, dedicated and determined personalities can support you.

N.C.P.E.D.P. A-77, South Extension Part II, New Dellhi 110 049, India.
Phone: +91-11-26265647/48; Fax: +91-11-26265649; E-mail: secretariat@ncpedp.org

You may go thru very informative publications at:

---(https://www.ncpedp.org/policy/pol-sucs02.htm

N.C.P.E.D.P. has set up Disability Law Units at the State level to ensure that its objectives are taken forward. Contact: legislation@ncpedp.org)

Thanks...one more question what legal remedy can i take in case where siblings have taken over my mother's property and hence the rental income as well as they are well aware that mother is not in a position to do anything. Now we are struggling to meet her medical and living expenses which are increasing day by day..pls advice