It came as a shock to learn that parents are not “legal guardians” of a disabled child over 18 years of age.
Many many thanks for this revelation as we assume so many things in life and then face problems.
Kamal,
In the eyes of law every person domiciled in India shall attain the age of majority on completion of 18 years. Attaining majority means the person is now capable of taking any financial or legal decisions for his/her betterment.
Now disability creates a specific situation in law where the person is not capable of taking any financial or legal decisions for his/her betterment. Here, someone else will have to take legal or financial decisions on the disabled behalf. This defeats the definition of majority and so the law created a provision to have someone acting as legal guardian. It’s not only parents but any other person concerned with welfare of disabled can seek this legal guardianship.
Yes you are true that most families assume that guardianship continues even when the child has attains age of 18. But these are legal aspects one should be well aware of.
What happens when an old man becomes physically or mentally incapacitated ?
Samir,
The law has provision of Legal Guardianship if any financial/legal decisions needs to be taken on his behalf.
how to get the legal guardianship of my Autistic child. how and where to apply if i am staying in kolkata
Once you apply here you will get notification for assessment after which legal guardianship certificate will be issued.
Is there a way to have a professional person / company become the guardian of a disabled person? In case there are no reliable relatives available?
Can the professionals be trusted to care of the disabled person throughout his life?
Hi Ritz,
Yes, you can form a trust and appoint a corporate as the trustee to take care of the disabled person. As far as reliability is concerned, the trustee would work according to the directions provided. In addition, you can also appoint a co-trustee of your choice along with the corporate trustee.
Thank you, but assuming no co-trustee (family/friend) is available. Then the sole decision-maker would be the corporate trustee. The question is, how can someone assure that corporate trustee will be careful in caring for the disabled person for life.. Does corporate trustee have accountability in doing so? Does he report the status to the government or someone else, who can ensure trustee is doing the job properly?
It came as a shock to learn that parents are not “legal guardians” of a disabled child over 18 years of age.
Many many thanks for this revelation as we assume so many things in life and then face problems.
Kamal,
In the eyes of law every person domiciled in India shall attain the age of majority on completion of 18 years. Attaining majority means the person is now capable of taking any financial or legal decisions for his/her betterment.
Now disability creates a specific situation in law where the person is not capable of taking any financial or legal decisions for his/her betterment. Here, someone else will have to take legal or financial decisions on the disabled behalf. This defeats the definition of majority and so the law created a provision to have someone acting as legal guardian. It’s not only parents but any other person concerned with welfare of disabled can seek this legal guardianship.
Yes you are true that most families assume that guardianship continues even when the child has attains age of 18. But these are legal aspects one should be well aware of.
What happens when an old man becomes physically or mentally incapacitated ?
Samir,
The law has provision of Legal Guardianship if any financial/legal decisions needs to be taken on his behalf.
how to get the legal guardianship of my Autistic child. how and where to apply if i am staying in kolkata
moromi roy,
You can apply it online at https://www.thenationaltrust.gov.in/auth/lg-registration.php
Once you apply here you will get notification for assessment after which legal guardianship certificate will be issued.
Is there a way to have a professional person / company become the guardian of a disabled person? In case there are no reliable relatives available?
Can the professionals be trusted to care of the disabled person throughout his life?
Hi Ritz,
Yes, you can form a trust and appoint a corporate as the trustee to take care of the disabled person. As far as reliability is concerned, the trustee would work according to the directions provided. In addition, you can also appoint a co-trustee of your choice along with the corporate trustee.
Thank you, but assuming no co-trustee (family/friend) is available. Then the sole decision-maker would be the corporate trustee. The question is, how can someone assure that corporate trustee will be careful in caring for the disabled person for life.. Does corporate trustee have accountability in doing so? Does he report the status to the government or someone else, who can ensure trustee is doing the job properly?