appoint ment of guardian

Querist : Anonymous (Querist) 29 May 2011 This query is : Resolved
a female girl of 24 year old (Major)but she is disable of 90%. Disability certificate was issued by CMO . She want to appoint the guardian to look after the passbook and money transaction.

How can she appoint the guardian and who is the competent court to issue the appointment letter of guardian and under what act.

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A V Vishal (Expert) 29 May 2011
Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint legal guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. It also provides mechanism for monitoring and protecting their interests including their properties.

The National Trust Act, 1999 has made provision for appointment of guardian and it is always advantageous to apply for legal guardianship under the provisions of the said Act. Many occasions may arise when a person with disability has to deal with issues related to himself, his interests and his properties and since he himself may not always be able to take appropriate decisions in those respects, it would be in his best interests if he is represented by a legal guardian in such matters.

The territorial jurisdiction of a Local Level Committee will be what may be specified by the Board under Section 13(1) of the National Trust Act, 1999. The Local Level Committee may be constituted for such ‘area’ as may be specified by the Board from time to time. This area may be comprised of one or more districts. It is also open to the Board to alter the area specified by it, thus, the territorial jurisdiction of the Local Level Committee will extend over the area so specified by the Board. Applicants for guardianship and their wards will have to belong to those areas and be residing there. There is no limit as far the pecuniary jurisdiction of the Local Level Committee is concerned. This means that a guardian could be appointed in respect of the property of a person with disability of any value.

c n vittal rao (Expert) 30 May 2011
iF THR DISABILITIES are phisical only and the affected persons reasoning faculties are not affected by her disabilities then all she has to do is appoint a competent person as her agent empowering him /her with a general or specific power of attorney under the powers of atorney act

Guest (Expert) 02 June 2011
I endorse the views of Mr. Vishal.

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