Section 5 in Tamil Nadu Rights of Persons with Disabilities Rules, 2018
5. Limited Guardianship.
(1)Appointment of designated authority and appellate authority:-(i)The District collector shall be the designated authority for the purpose of sub-section (1) of Section 14 of the Act.(ii)The Commissioner for Welfare of the Differently Abled shall be the appellate authority for the purpose of sub-section (3) of Section 14 of the Act.(2)Appointment of limited guardian. -(i)A parent of person with disability or his relative shall make an application in Form-I in Schedule-I to the designated authority for appointment of any person of his choice including himself to act as a limited guardian of the person with disability. A person with disability may also directly apply for appointment of limited guardian for himself.(ii)Any registered organization shall also make an application, in Form-I in Schedule-I to the designated authority for appointment of a limited guardian for a person with disability:Provided that no such application shall be entertained by the designated authority unless the consent of the parent of the person with disability is also obtained.(iii)While considering the application for appointment of a limited guardian, the designated authority shall consider,-(a)whether the person with disabilities needs a limited guardian;(b)the opinion of the person with disability if such person is in a position to give such opinion; and(c)the purposes for which the limited guardianship is required for persons with disabilities.(iv)While taking a decision for the appointment of limited guardianship, the designated authority shall ensure that the person whose name has been suggested for appointment as limited guardian,-(a)is not of unsound mind;(b)does not have a history of criminal conviction;(c)is not dependent on others for his own living; and(d)has not been declared insolvent or bankrupt.(v)The designated authority shall take a decision preferably within a period of one month from the date of receipt of an application regarding grant of limited guardianship or from the date of coming to his notice of the need of such limited guardianship.(vi)The confirmation of appointment of limited guardian on such application shall be made in Form-II in Schedule-I:Provided that while making appointment of a limited guardian, the designated authority shall provide for the obligations which are to be fulfilled by the limited guardian and it shall be ensured that any decision taken by the limited guardian shall follow a system of joint decision making between the person with disability and the limited guardian based on mutual trust and understanding.(vii)The designated authority shall send to the Commissioner for Welfare of the Differently Abled, the particulars of the applications received by him and orders passed thereon at the interval of once in six months.(3)Procedure for removal of limited guardian.-(i)The designated authority, upon receiving an application for removal of a limited guardian from the person with disability or a parent or a relative of a person with disability or a registered organization on the grounds such as failure to fulfill obligations, abuse of powers, abuse or neglecting a person with disability, misappropriation or neglecting the property or any other genuine reasons shall appoint a team of investigators consisting not less than three persons.(ii)The team shall consist of the District Differently Abled Welfare Officer, one representative of any association for the persons with disabilities or a registered organization and any other official or non official as nominated by the designated authority.(iii)The team of investigators shall submit their report within a period of ten days.(iv)Upon receiving the report of the investigation team, the designated authority shall take the final decision within the period of ten days on the removal of the limited guardian against whom the complaint has been received after giving the said guardian an opportunity of being heard.(v)The designated authority shall record in writing its reasons for removal of the limited guardian or rejection of the application.(vi)The designated authority shall have power to suspend the limited guardianship with immediate effect, without notice, pending his removal, if the designated authority is satisfied that grave and irreversible harm will be caused to the persons with disabilities on account of the continuance of the limited guardianship or when the person with disability himself applies for a revocation of the limited guardianship.(4)Report from Limited Guardian. - Every limited guardian appointed under the Act shall furnish a detailed report to the designated authority within two months before the expiry of one year or expiry of the limited guardianship period, whichever is earlier, as to how the obligation vested on him has been or is being fulfilled.
