Section 12 in The Board of the Trust Regulations, 2001
12. Who may be indicated by applicant as guardian.
- 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 sub-regulations (3), (4) and (5).(3)In the case of considering the institution as a guardian, the institution must be [registered and be capable of providing care of the person with disability.] [Substituted 'registered under a law and be capable of providing care of the person' by Notification No. F. No. 184/NT Rules/Regulations/2015-16, dated 9.7.2018 (w.e.f. 3.8.2001).](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 person shall be considered as a guardian for female person with disability covered under the Act and in the case of such female person, a male person shall be co-guardian with his spouse, who shall be master co-guardian, except in the case of biological father who may be co-guardian along with a woman member of the family or relatives.] [Substituted by Notification No. F. No. 184/NT Rules/Regulations/2015-16, dated 9.7.2018 (w.e.f. 3.8.2001).]
