How do you become a Legal guardian to a person with a disability?

1. How do you become a Legal guardian to a person with a disability?

2. Who is a legal guardian(LG)? A person selected by the parents of a person with disability (PwD), or appointed by court of law to act as the primary care giver of the PwD. How to Apply for UDID card A Legal Guardianship is the legal process of appointing a legal guardian to the PwD, who has the authority to make decisions on all personal matters (in some cases financial too) on behalf of the PwD, to suit his/her best interests. parents TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE

3. KEY PLAYERS WHO ARE PART OF THE LG PROCESS Family members Siblings or blood-related family members may be designated guardians in lieu of the inability or absence of biological parents to become Guardians themselves BIOLOGICAL PARENTS OF THE PWD Registered organization (ro) In absence of relatives, LLC may direct a Registered Organization(RO) to become the guardian instead. PWD person with disability Local level committee (LLC) A district level committee who approves, appoints and monitors the legal guardian of a PwD. The committee must have an officer of the rank of District Magistrate or Deputy Commissioner of the district

4. Who can be an legal guardian? Parents can pick Any individual as a legal guardian who has The child’s best interests in mind parents UDID for People with Disabilities Note: Parents are considered the legal guardians of their ward until the ward is 18years of age. Once the child turns into an adult (>18years of age) the parents need to apply for Guardianship under the norms laid out by National Trust. Hence, for a ward >18years of age, parents are also required to apply for Guardianship by the procedure shown in this presentation. Family members related by blood • Biological parents themselves • Siblings of the PwD • Relatives of a PwD LLC Monitors the process closely Or Family members ro

5. QUALIFICATIONS OF A LEGAL GUARDIAN (LG) Or ro Family members A potential LC must have the following qualities - • Individual must be a citizen of India • Individual is of sound mind • Individual must have no prior or current criminal record and/or pending court cases • Individual must be financially independent • In case of an RO, the organization should be registered with the state social welfare department

6. LEGAL GUARDIANSHIP PROCEDURE Go to the National Trust website (http://www.thenationaltrust.gov.in) Scroll down and open the Legal Guardianship category Fill the requested details Select Guardian for the PwD parents 1 2 Submit online application 3 OR TO WHOM IT MAY CONCERN Please make note of the application ID for tracking status of the application. LEGAL GUARDIANSHIP CERTIFICATE RO 5 7 Family members 6 The parents must take the PwD to the District collector’s office (Tashildar) for verification Download the LG certificate LLC visit the home of the PwD for verification Potential guardian Parents must login into the National Trust website Government official review the case & approve the application 4 Application goes to the District Collector’s office for review OR parents PwD

7. Documents for the legal guardianship process • Birth Certificate of PwD • Address proof (+1 photocopy) of PwD • Address proof (+1 photocopy) of guardian to be. • Disability Certificate issued by recommended medical board • Relationship of guardian to be and reason for application of guardianship (if parents are not the guardian to be) and PwD. • Two people who are closely connected to the PwD (as witness) with proof of their name, Address, Mobile No., Aadhar card. • Letter of consent of the parents of the PwD • Property holdings (including Gold, Silver articles) and bank accounts of the guardian to be and that of PwD (MAY OR MAY NOT BE APPLICABLE)

8. Legal duties of the guardian APPOINTED GUARDIAN Or Family members RO LLC monitor the Guardian LLC Duties of the Guardian • Is available to guide the ward (i.e. PwD) without remuneration • Participates in the financial decisions for the ward and his/her properties • (this is applicable in the absence of a Trust) • Makes decisions for the ward that is in the best interests of the person. • Is responsible to take measures to ensure well-being of the ward • Ensures the ward is protected against any form of abuse & ill treatment by others.

9. WHY APPLY FOR LEGAL GUARDIANSHIP? Legal Guardianship can be useful for day-to-day legal decisions that need to be made with/on behalf of the PwD. The Legal Guardianship certificate will come in handy for - Insurance Plan subscription LOANS & CONCESSIONS TO WHOM IT MAY CONCERN LEGAL GUARDIANSHIP CERTIFICATE Investment management OPENING A BANK ACCOUNT Mutual Funds & share subscriptions Property rights Source : Jai Vakeel Foundation

10. references National Trust www.thenationaltrust.gov.in Jai Vakeel Foundation www.jaivakeel.org We thank Ms.Ambika Harithas for help with information collection and validation of the process The sister duo Ambika & Aparna founded Aikyaa Arts to raise awareness about Down Syndrome through the arts For more information please visit https://aikyaa-arts-terracotta-jewellery.business.site