| Appointment of Guardianship |
| (1) | A parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability. |
| (2) | Any registered organization may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability. Provided that no such application shall be entertained by the local level committee unless the consent of the guardian of the disability person is also obtained. |
| (3) | While considering the application for appointment of a guardian, the local level committee shall consider- -whether the person with disability needs a guardian; -the purposes for which the guardianship is required for person with disability. |
| (4) | The local level committee shall receive, process, and decide applications received under sub-sections (1) and (2), in such manner as may be determined by regulations; Provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian. |
| Duties of Guardian | |
| Every person appointed as a guardian of a person with disability under the chapter VI of the act, shall, wherever required, either have the care of such persons of disability and his property or be responsible for the maintenance of the person with disability. | |
| Guardian to furnish inventory and annual accounts- | |
| (1) | Every person appointed as a guardian under section 14 of the act shall, within a period of six months from the date of his appointment, deliver to the authority which appointed him, an inventory of immovable property belonging to the person with disability and all assets and other movable property received on behalf of the person with disability, together with a statement of all claims due to and all debts and liabilities due by such person with disability. |
| (2) | Every guardian shall also furnish to the said appointing authority within a period of three months at the close of every financial year, and account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him. |
| Removal of Guardian | |
| (1) | Whenever a parent or a relative of a person with disability or a registered organization finds that the guardian is- (a) Abusing or neglecting a person with disability; or (b) Misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian. |
| (2) | Upon receiving such application the committee may, if it is satisfied that there is a ground for removal and for reasons to be recorded in writing, remove such guardian and appoint a new guardian in his place or if such a guardian is not available make such other arrangements as may be necessary for the care and protection of person with disability. |
| (3) | Any person removed under sub-section (2) shall be bound to deliver the charge of all property of the person with disability to the new guardian, and to account for all money received or disbursed by him. |
| Explanation | |
| For the purposes of this Chapter, the expression “relative” includes any person related to the person with disability by blood, marriage or adoption. | |
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