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Section 12: Who may be indicated by applicant as guardian

Board of the Trust Regulations, 2001Central Regulations · 1999

(1) Both the parents jointly, or, singly in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, being natural guardian of minor may apply to the Local Level Committee to get themselves or himself as the case may be, appointed as guardian of their or as the case may be^his disabled ward beyond the age of 18, in which case the application shall be accepted unless the parent is disqualified on account of i. loss of citizenship;

ii. being of unsound mind;

iii. being convicted by a court of law; or iv. being a destitute.

2) The applicant may indicate siblings, or any member of the family or any other person or a registered institution for consideration as a guardian and in case of institutions, the conditions of eligibility of institutions shall be as stipulated in subregulations(3), (4) and (5).

3) In the case of considering the institution as a guardian, the institution must be registered under a law and be capable of providing care of the person.

4) In the event of institution ceasing to be registered under a law or stops functioning, or is found otherwise unsuitable, the Local Level Committee shall make alternative arrangements for the foster care of any such inmate or the ward, who is under the care of any such institute.

5) The alternative care under sub-regulation (4) shall not be permanent in nature and shall be placed by permanent guardianship within a period of one year.

6) The applicant must be living in the vicinity or close proximity to the place where the ward has been habitually living at the time of appointment of guardian.

7) No single male shall be considered as a guardian for a female ward and in the case of female wards, the male person shall be given co-guardianship with his spouse, who shall be master co-guardian.

20 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII—SEC. 3(I)]

Where this provision sits

ActBoard of the Trust Regulations, 2001
Section12
Marginal noteWho may be indicated by applicant as guardian
JurisdictionCentral
StatusIn force as published by the source

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