Telangana - Register as Guardians to Differently Abled (Disabled) Persons

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Procedure

Apply In-Person:

1. Any parent or relative can apply for the appointment of a Guardian for a person with a disability in Form-A under Rule 16 (i) to the Local Level Committee. Find the list of Local Level Committees in Telangana in the given Link.
2. Find the form in the link provided: LinkAND Link
3. As per Section 13(2) of National Trust Regulations for appointing Guardianship, the application must be processed by the Local Level Committee (LLC), which may ask for any required documents, if required.
4. Make sure to have all the necessary documents mentioned in the "Required Documents" section of this page.
5. On receiving the application, the Local Level Committee shall investigate the matters relating to the application and contact the concerned person for any supporting document or information, if required for guardianship.
6. In the case of the guardians other than parents themselves, counselling in any manner by the LLC may determine that the applicant has a genuine interest in possessing guardianship other than parents.
7. If there are no parents for the person with a disability who needs a guardian, members of the Committee along with any organisation may initiate the process of guardianship for the person with disabilities.
8. The Local Level Committee shall assess the person with a disability to determine the authenticity of the demand for guardianship.
9. The application for guardianship shall cover the personal care and maintenance of the person with a disability, primarily food, shelter, clothing, health care, religious needs, education, protection from exploitation and abuse, medical needs, surgical needs, leisure, nutrition, training, employment, protection of constitutional and human rights.
10. The confirmation of guardianship is made either by a registered organization or the parent or relative of a person with a disability.
11. On complete satisfaction with the capabilities and suitability of the person, the LLC may confer guardianship to the concerned person. The time required to carry this process can be 21-30 days.
12. The consent of guardianship shall be provided in Form B as per the applicable standards. To know more, check the Information which might help section of this page.

NOTE:

• Section 14 of the National Trust Act states that the Local Level Committee(LLC) presided by the District Collector(DC) is authorized to receive any application in Form A under Rule 16(1) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities.
• As per Section 13 (1) of the National Trust Act 1999, the Board shall comprise a Local Level Committee for such area as may be designated timely.
• Guardianship certificates for disabled people shall be either by the district court under the Mental Health Act or by LLC set up under the same Act.

Apply Online:

1. The applicant may follow the link to apply online for Guardianship Link
2. Fill in all the mandatory details as per the norm once after clicking on the link given above.
3. Details such as “Personal Details”, “Attachments Details”, “Proposed Guardian’s Details” and “Applicant Details” section needs to be filled by the applicant.
4. Make sure to upload the documents in the prompted space.
5. Fill in all the required details in the format given in the prompted space.
6. On completion, click the “Submit” button to submit and end the application process.
7. An acknowledgement will be generated which the applicant must download and save in their device for future reference.
8. Once the application reaches the Local Level Committee, the authority will evaluate the application and call for any supportive document or information, if required for guardianship.
9. The consent of guardianship shall be provided as per the applicable standards.

Apply through Court:

1. The applicant may approach the court by consulting a licensed advocate to process the application. Find contact details of the district court in Telangana in the provided Link.
2. The application concerning the guardianship of the person shall be made to the District Court in the applicant's residential district.
3. Find an advocate in the locality and discuss all the requirements.
4. On selecting the district as appropriate in the above link, the applicant will be redirected to a new page.
5. The applicant can find more contact information in the link provided:Link
6. The applicant must follow the advocate’s guidelines to file the petition for guardianship.
7. On complete satisfaction of the court, responsible for proceeding with the application, a day for the hearing shall be fixed by the authority.
8. The court shall make an order only after hearing of evidence.
9. A copy of the order must be retained by the lawyer
10. The consent of guardianship shall be provided as per the applicable standards.

NOTE:

• In case of any need for clarification, the district court will forward the application to the respective committee for processing before making the order.

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Required Documents

• FORM A Link
• A Consent Form(Consent of the person proposed to be appointed as the guardian and the consent of the natural guardian) Link.

• Disability Certificate issued by any Medical Board/authorised specialist.
• 2 witnesses, who have to sign.
• Birth Certificate of the person with a disability issued under the Government of India.
• Certificate of residence of the person with a disability (Ration Card, Electoral I.D Card, Passport).
• Self Attested Photocopies of original documents.
• Reasons for applying (in an extra sheet)
• In the case of a female ward by a male applicant, particulars of the spouse need to be submitted.
• Consent of the persons proposed to be appointed as guardian(s).

Office Locations & Contacts

District Court Address Cheif Judge
City Civil Court
Purna Haveli
Chatta Bazar
Hyderabad
Telangana -500002
Phone: 040-23446200
Fax: 040-23446210
Email: [email protected]
Contact Link

Welfare of Disabled and Senior Citizens,
Director
Nalgonda X Roads
Malakpet
Hyderabad
Telangana- 36,
Phone: 040-24559048
Email: [email protected]
Contact Link
Find the contact information of the LLC in Telangana in the provided Link.

Eligibility

• The appointed guardian must be a citizen of India
• He/she should not be undergoing mental illness treatment, should not have difficulty understanding.
• Must not have a history of a criminal conviction.
• Must not be dependent on others for his living
• He/she has not been declared bankrupt
• A local level committee shall consist of an Officer of the Civil Service of the Union or the State, not below the rank of a District Magistrate or a District Commissioner of a district
• A Registered Organization representative.
• A Person with a disability as a ward.
• Both the parents together, or, individually, may apply to the Local Level Committee.
• Certain criteria that cannot fit the application for the guardianship could be
• loss of citizenship
• being of unsound mind
• being into criminal conviction by a court of law
• The applicant must be siblings, or any member of the family or any other person or a registered institution for consideration for guardianship.
• The applicant must be living in the same area as that of the ward at the time of appointment of a guardian.
• No single male shall be given guardianship for a female ward. In the case of female wards, the male person can become the co-guardian with his spouse.
• Agent must be of legal age and mentally able.
• Both the parents may jointly or separately apply for guardianship.
• In the absence of a parent, a relative may make an application for guardianship.
• In the absence of parents and relatives, any registered organization/NGOs may make an application for guardianship.
• Guardianship is required for those who have not completed 18 years of age.
• Guardianship is required for those who are affected with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.

Fees

• Advocate fees.
• Documentation charges.
• Stamp duty as per requirement.
• Contact the LLC or other concerned offices for more information on the fees incurred.
  

Validity

• Once the guardianship of a person is acquired, it is valid for a lifetime until the death of the guardian.
• Guardianship is valid for obtaining the guardian certificate.
• Guardianship is valid till the guardian certificate is revoked/cancelled.

Documents to Use

• FORM A Link
• A Consent Form(Consent of the person proposed to be appointed as the guardian and the consent of the natural guardian) Link

Sample Documents

Link

Processing Time

• The time taken for the procedure to complete is maybe 21-30 days maximum.

Related Videos

Videos explaining the procedure or to fill the applications.
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Instructions

• Authorities may ask to provide additional information or documents. Make sure to procure them for further processing.
• The applicant need not submit original documents of proof. Self-Attested photocopies can be submitted. Provide original documents only if asked for.
• In the case of assuming the institution as a guardian, the institution must be enlisted under the law and be capable of providing maintenance for the person.

Required Information

• Name of the person wanting guardianship and of the ward(s).
• Phone number of the applicant
• Age of the applicant
• Nature of Disability of the ward.
• Address of both the parties.
• Disability proof of person for whom the guardianship is provided.
• Relationship with the ward, if any
• Property/asset details of the applicant.
• Passport Size Photograph of the applicant and the ward.
• Witness

Need for the Document

• A guardian certificate authorises a person to take interest in becoming a guardian and possessing the legal authority for the maintenance of those persons with autism, cerebral palsy, mental retardation and multiple disabilities, even after they have acquired 18 years of age.
• The guardianship helps a person with a disability to be taken care of by the guardian who is capable of managing their lives or taking legal decisions on their behalf for the betterment.

Information which might help

• A guardian takes care of and protection of a person with a disability and is responsible for all legal decisions on behalf of that person and his/her possession.
• In case of an application submitted by the male applicant for a female ward, his spouse will have to be appointed as co-guardian. For such applicants, therefore, it will be mandatory to provide particulars of his spouse. Without a spouse, the application will not be accepted.
• An institution that is no more registered under law or stops being functional, unsuitable, the Local Level Committee shall arrange for the care of any such ward who is under the care of any such institute.
• The applicant must state reasons for applying, if singly. This may be mentioned in the application form or additional sheets.
• The Applicant needs to furnish details of the duration and nature of personal care and maintenance to be provided along with the details of property which needs to be managed by the guardian,
• Proof of the existence of such properties is required.
• Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities can be under guardianship even after they reach 18 years of age. Since they cannot manage or take any legal decisions for their betterment. In the case of Cerebral Palsy and Multiple Disabilities, only limited guardianship is granted because of the availability of enabling mechanisms and scientific facilitation allowing persons to live with certain disabilities.
• The National Trust Act allows a person with the above disabilities to have a guardian representing her/him throughout their lives.
• Parents are the Natural Guardians of their children till the child turns 18. Therefore, they do not require to apply for guardianship until then. After that, the parents can apply for guardianship under the National Trust Act.
• Nature of Guardianship: There are two kinds of guardianship:
  • Guardian for the person
  • Guardian for the person and property
• It is crucial to understand that mental retardation is barely associated with Cerebral Palsy, Autism and other multiple disabilities. Such disabilities who also have mental retardation will also need legal guardians to represent them both for their person and their property.
• However, persons with these disabilities without any mental retardation might only need a guardian.
• Loans and concessions may be available for parents to support guardianship:
• Parents may want to apply for any concession or a scheme designed for persons with disabilities. In such cases, they may have to show that they are the legal guardians of their child.
• The National Handicapped Finance Development Cooperation has initiated an income generation scheme for the benefit of persons with mental retardation, cerebral palsy, autism and multiple disabilities. Parents who want to avail of this scheme would be expected to prove their guardianship status in front of the concerned committee.
• For any reason, if the person with a disability gets accused of any criminal activity, or goes to jail, a legal guardian. may act on their behalf.
• In case the parents die unexpectedly, a relative can either seek guardianship or ask the local level committee to appoint another guardian for the child.
• Under the National Trust Act, relatives of the disabled person or registered organizations can also take the initiative to have/become a guardian appointed for a person with a disability.
• Any of the parents are eligible to be a guardian, but it is preferable to have joint guardianship.
• If the parents are incapable to look after their child, such as poor health/low financial aid, they can designate a person of their preference to assume guardianship.
• A minor person is considered unfit to make decisions for himself, which can be binding on him as regards others. Therefore, a guardian decides on behalf of the minor for protecting the interests of the minor and his property. According to Guardianship and Wards Act, 1890. Indian Contract Act-1872. Mental Health Act 1987.
• It is not mandatory to apply for legal guardianship of a person with a disability.
• An account of the property and assets, the sums received and disbursed on the account of the person with disabilities shall be furnished by the guardian to the appointing authority within three months at the close of every financial year.
• Original ID is mandatory on the date of registration and for verification of the authenticity of the applicant. The same document shall be returned on the same day.

Other uses of the Document/Certificate

Please explain what are other uses for obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• Use this link to know more about the guardianship of a person with disabilities Link.

Others

More information which might help people.