1. Under S. 14 of the National Trust Act, the Local Level Committee (LLC) headed by the District Collector is empowered to receive application in Form A under Rule 16(1) and 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.
2. It is the function of the LLC to indicate in its Order of appointment the obligations to be fulfilled by the guardian appointed by it. These obligations will pertain to taking care of the person and/ or property and maintenance of the person with disability.
3. Each case is dealt with separately by the Committee and such obligations or duties are specifically pointed out in the Order of Appointment.
4. The Committee ensures that the person with disability is living in the same area in which the guardian to be appointed is living so that it becomes possible for the guardian to execute his duties and fulfill his obligations towards the ward.
5. Under clause 11 of the National Trust Regulations as per facts in this brief, there are two options available to apply for appointment of guardians before the LLC apply on behalf of this lady;
Option A:-
In the absence of parents or siblings, any relative of the person with disability can apply for appointment as his guardian. Such relatives will have to be related to the person with disability by blood, adoption or marriage. Proof of such relationship will have to be provided to the Committee.
Option B:-
In case a person with disability has neither any parent, sibling or relative, any voluntary organization working in the area of the disabilities covered by the National Trust Act, 1999 and registered with the National Trust under S. 12 of the said Act may apply for the guardianship of such person with disability.
