Section 5(2) in Tamil Nadu Rights of Persons with Disabilities Rules, 2018
(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.
