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Guardianship

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• The National Trust Act NTA (1999) for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities gives rights to parents, relatives or registered organizations for appointment of guardians for Pwds.

• Who is Guardian?

  The guardian takes all legal decisions on behalf of the person, about his care & property.

• Why should parent get legal guardianship of their child

  • Maintenance and residential care of the Pwd

  • Management of the immovable and immovable property of the Pwd

  *For monitoring of guardians parents also can open Trusts for their child

• Procedure for getting guardianship

  A parent or relative would need to move an application (Form -A) along with the required documents to the Local Level Committee asking for appointment of the guardian.

• When to apply

  Even if the Pwd is 30 years old, one can apply for guardianship.

• Procedure for removal of the guardian

  A guardian can be removed if a parent / relative of the Pwd or a registered organization applies to the Local Level committee, in the prescribed procedure for:

  • Solitary confinement of Pwd in a room for longer period of time

  • Chaining of the Pwd

  • Beating or physical abuse of a Pwd

  • Sexual abuse

  • Long deprivation of physical needs i.e. food, water and clothing

  • No provision or non compliance of rehabilitation or training program

  • Misutilization of the property of the PwD

  • Lack of facilities or no provision of trained or adequate staff for Pwd