Does a person with epilepsy require a guardian to receive pension?
sridhar pasumarthy
(Querist) 20 September 2012
This query is : Resolved
Respected Experts,
Father died working as an employee in postal department leaving his only son as his heir. Son, who is a major, has been suffering from epilepsy(Seizure Disorder). Now, the department authorities require the son to approach court and get a guardian appointed for him to receive pension, as he is a disabled person.
My queries are :-
1. Is the procedure suggested by the postal authorities is correct according to law?
2. If so, under what provision of law, appointment of a guardian can be sought for and in which forum?
3. Any other remedy open to the son?
Kindly suggest. It's urgent.
Thanks for reply in advance.
ajay sethi
(Expert) 20 September 2012
eplipsey is not a mental illness .however it is often considered a mentall problem for many reasons . thse are seizures when person lose consciousness for few minutes . his body becomes stiff and shakes in ajerky manner . secizure may be associated with biting of tongue , passing of urine and injury because of sudden movements durin seizure eprson will not respond to any verbal commands .
53. Appointment of guardian of mentally ill person
1. Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of Sec.54, the Collector of the District, may appoint any suitable person to be his guardian.
2. In the discharge of his functions under sub-section (1), the Collector shall be subject to the supervision and control of the State Government or of any authority appointed by it in that behalf
Read more: Mental Health Act, 1987 - Judicial Inquisition Regarding Alleged Mentally Ill Person Possessing Property, Custody of his Person and Management of his Property http://www.medindia.net/indian_health_act/mental-health-act-1987-judicial-inquisition-regarding-alleged-mentally-ill-person-possessing-property-custody-of-his-person-and-management-of-his-property.htm#ixzz2719E39GI
Khaleel Ahmed Mohammed
(Expert) 20 September 2012
Answer to Q.1 No. Q.2 In present circumstances guardian can not be appointed .Two competent doctors should declare the person is mentally unsound mind for the appointment of guardian. Q.3 If the department directed in writing then a writ can be filed.
sridhar pasumarthy
(Querist) 21 September 2012
@Sri Ajay Seethi & Sri Khaleel Ahmed
Thanks for your response sir.
Sudhir Kumar, Advocate
(Expert) 21 September 2012
epilepsy is not insanity. Many epileptics are doing responsible jobs. Some epileptic are on heavy medication and look intoxicated and other party feels genuinely risky to had over money to them.
