HOW DO YOU BECOME A LEGAL GUARDIAN TO A PERSON WITH A DISABILITY?
PARENTS
WHO IS A LEGAL GUARDIAN(LG)?
A person selected by the parents of a person with disability (PwD), or appointed by court of law to act as the primary care giver of the PwD.
How to Apply for UDID card
TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE
A Legal Guardianship is the legal process of appointing a legal guardian to the PwD, who has the authority to make decisions on all personal matters (in some cases financial too) on behalf of the PwD, to suit his/her best interests.
KEY PLAYERS WHO ARE PART OF THE LG PROCESS
FAMILY MEMBERS
BIOLOGICAL PARENTS OF THE PWD
PWD person with disability
Siblings or blood-related family members may be designated guardians in lieu of the inability or absence of biological parents to become Guardians themselves
REGISTERED ORGANIZATION (RO)
In absence of relatives, LLC may direct a Registered Organization(RO) to become the guardian instead.
LOCAL LEVEL COMMITTEE (LLC)
A district level committee who approves, appoints and monitors the legal guardian of a PwD. The committee must have an officer of the rank of District Magistrate or Deputy Commissioner of the district
WHO CAN BE AN LEGAL GUARDIAN?
PARENTS CAN PICK ANY INDIVIDUAL AS A LEGAL GUARDIAN WHO HAS THE CHILD’S BEST INTERESTS IN MIND
UDID for People with Disabilities
Note: Parents are considered the legal guardians of their ward until the ward is 18years of age. Once the child turns into an adult (>18years of age) the parents need to apply for Guardianship under the norms laid out by National Trust. Hence, for a ward >18years of age, parents are also required to apply for Guardianship by the procedure shown in this presentation.
FAMILY MEMBERS RELATED BY BLOOD
Biological parents themselves
Siblings of the PwD Relatives of a PwD
OR
PARENTS LLC MONITORS THE PROCESS CLOSELY FAMILY MEMBERS RO
QUALIFICATIONS OF A LEGAL GUARDIAN (LG)
OR
FAMILY MEMBERS RO
A potential LC must have the following qualities -
Individual must be a citizen of India
Individual is of sound mind
Individual must have no prior or current criminal record and/or pending court cases
Individual must be financially independent
In case of an RO, the organization should be registered with the state social welfare department
LEGAL GUARDIANSHIP PROCEDURE
Go to the National Trust website ( http://www.thenationaltrust.gov.in) Scroll down and open the Legal Guardianship category Fill the requested details Select Guardian for the PwD Please make note of the APPLICATION ID for tracking status of the application. Application goes to the District Collector’s office for review LLC visit the home of the PwD for verification The parents must take the PwD to the District collector’s office (Tashildar) for verification TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE
FAMILY MEMBERS RO OR POTENTIAL GUARDIAN Submit online application PWD OR Parents must login into the National Trust website Government official review the case & approve the application Download the LG certificate 1 2 3 4 5 6 7
PARENTS
PARENTS
DOCUMENTS FOR THE LEGAL GUARDIANSHIP PROCESS
Birth Certificate of PwD
Address proof (+1 photocopy) of PwD
Address proof (+1 photocopy) of guardian to be.
Disability Certificate issued by recommended medical board
Relationship of guardian to be and reason for application of guardianship (if parents are not the guardian to be) and PwD.
Two people who are closely connected to the PwD (as witness) with proof of their name, Address, Mobile No., Aadhar card.
Letter of consent of the parents of the PwD
Property holdings (including Gold, Silver articles) and bank accounts of the guardian to be and that of PwD (MAY OR MAY NOT BE APPLICABLE)
LEGAL DUTIES OF THE GUARDIAN
Is available to guide the ward (i.e. PwD) without remuneration
Participates in the financial decisions for the ward and his/her properties (this is applicable in the absence of a Trust)
Makes decisions for the ward that is in the best interests of the person.
Is responsible to take measures to ensure well-being of the ward
Ensures the ward is protected against any form of abuse & ill treatment by others.
FAMILY MEMBERS RO
OR
APPOINTED GUARDIAN
LLC
LLC monitor the Guardian
Duties of the Guardian
WHY APPLY FOR LEGAL GUARDIANSHIP?
Legal Guardianship can be useful for day-to-day legal decisions that need to be made with/on behalf of the PwD.
The Legal Guardianship certificate will come in handy for -
LOANS & CONCESSIONS
TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE
INSURANCE PLAN
SUBSCRIPTION
MUTUAL FUNDS & SHARE SUBSCRIPTIONS
PROPERTY RIGHTS
INVESTMENT MANAGEMENT
Source : Jai Vakeel Foundation
OPENING A BANK ACCOUNT
www.thenationaltrust.gov.in
REFERENCES
Jai Vakeel Foundation
www.jaivakeel.org
We thank Ms.Ambika Harithas for help with information collection and validation of the process
The sister duo Ambika & Aparna founded Aikyaa Arts to raise awareness about Down Syndrome through the arts
For more information please visit https://aikyaa-arts-terracotta-jewellery.business.site
National Trust
