|
Expert:
Adv. Umesh Kumar Shukla
Advocate and Consultant in the Disability Sector
Former Assistant Legal Advisor, National Trust, Govt. of India
Moderator
Dr Alok Kumar “Bhuwan”
Senior Rehabilitation Specialist
Manovikas, Delhi
Understand Guardianship Legally & Easily
People with disabilities have the right to choose but are often overlooked.
Legal Capacity of Persons with Disabilities
To manage their finances, access credit, and own or inherit property.
Laws and regulations in India govern decision-making support for
✅ Minor children in India are governed by The Guardians and Wards Act of 1890.
✅ The National Trust Act 1999 allows for appointing a legal guardian.
✅ The Rights of Persons with Disabilities Act of 2016 includes provisions for limited guardianship
✅ The Mental Healthcare Act of 2017 deals with alternate legal guardianship.
Explore the Family's support system,
Including them in the decision-making process.
✅ Write as Will:
A will outline how your assets are distributed and provided to children with minor or special needs.
✅ Special Needs Trust
The Indian Trust Act of 1882 permits the use of assets held in a Special Needs Trust by disabled or physically challenged beneficiaries.
Guardian’s Responsibilities
Guardians must aid persons with IDD to make wise choices, use tools to improve their lives and communicate effectively. |
