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Harsha Vardhana R (Project Manager)     14 March 2015

Natural guardianship of a mentally ill person

Dear Experts,

 

Ours is a Hindu family.

 

My elder brother (aged 57+) is mentally ill (Paranoid Schizophrenia with a history of 25+ years)  & has been medically certified by a Government District Surgeon (80% disability) after a panel discussion. We have records for around 12 years of official medical treatment.  Since 3 years, he is placed in a rehabilitation center. All the medical experts have an unanimous opinion that he needs life-long residential rehab with medical care.

 

For the simple issue of receiving Family Pension (My father was a govt employee and after his death, my mother got Family Pension), I need an official ' guardian' to hold the 'receiving account'.

 

For our parents, there are 2 sons (both unmarried) and a daughter (married). So I, as younger brother of an unmarried brother, become the 'natural guardian'. My sister has no objections about me receiving brother's family pension as I have been maintaining him after my mother's death.

 

So I would like to know if there is a simple procedure to obtain 'Natural Guardian' certificate rather than a ' legal guardianship'?  Is it only through a court or through revenue authorities?

 

Please note that, as of now, we just need a certificate acceptable to government authorities (like Accountant General) for family pension. We don't have any plans of any sale of shared property etc.

 

To start with, I have a "Family Tree Certificate" issued by the Tahsildar, after my father's death, for transfer of  property to my mother. I have official death certificates (of both parents) + the proofs of all payments of my brother's rehabilitation costs.

 

Please advise me.

 

Regards,

Harsha Vardhana R



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