This Act is especially applicable for persons with autism, Intellectual Disability, Cerebral Palsy and Multiple Disability. Application for Legal Guardianship can be made by a person who is above 18 years old or an institution/organisation online through the National Trust website- www.thenationaltrust.in.
The role of guardian is very important as a person who is appointed to look after a PWD or his/her property assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward. PWD is eligible to open a bank account which will be operated by guardian.
Such occasion may arise when a person with disability has to deal with issues related to himself, his interests and his properties and since he/she may not always be able to take appropriate decisions in those respects, it would be in the best interests of the person if he/she is represented by a legal guardian in such matters.
Persons with disability should have an Adhar card, Disability certificate, UDID card issued by a governmental medical authority. Parents jointly or single, siblings, relatives or institute can apply for LG certificate.
Other qualifications for legal guardians include possessing Adhar card, Indian citizenship, no criminal background, good financial status etc. Brief rules and regulation are mentioned in the website.
Additionally, the person applying for guardianship must prepare a will or create a trust to get clarity on moveable and immoveable property details and also to make provision for personal care and maintenance for the ward.
All applications are received by the District Local Level Committee (LLC) which coordinates with the District Collector. They make home visits and discuss with the person appointing for guardianship and understand his/her interest, cross-check all processes and finally issue certificate of Legal Guardian. Additional this, LLC will also make follow up home visits or phone calls to ensure LG is taking good care of trainee or whether not taking proper care. If they have doubts or concerns about the LG, LLC will send notice to LG or cancel the legal guardianship certificate.