Choosing a guardian for my child – Financial planning for my special child

The Guardian needs to be a blood relative. Friends and well-wishers cannot become the Legal Guardian when blood relatives are present. Please have a detailed discussion and seek written consent from your candidates for the Guardianship.

Yes, the same person can be. But, it is better to keep the two separate as the Guardian also manages the personal affairs, whereas a Trustee will handle proceedings of the Trust deed i.e. the financial affairs of the child. If a Guardian is not appointed as a Trustee he/she will have no say or dealings with the Trust deed particulars.

 No. A Guardian has NO say over what you have specified in the Will for your child. He/she cannot legally prevent the proceedings of the deeds of a Will or modify it in anyway.

No, it is not necessary. National Trust appointed Guardian is sufficient and you are not required to acquire court-appointed guardianship to complement it. Only if you have not appointed a legal guardian through National Trust will you need a court-appointed legal guardian.

Yes, and only when no other blood-related family members of the child are alive. Any blood related family member can be your child’s legal guardian.

There are two processes – National Trust recognizes four levels of disabilities. Check if your child qualifies to come under these four sections. If yes, then you can apply it through their LLC (Local level committee) process in your State. If the child doesn’t fall under the four specified categories, or if LLC isn’t available in your resident city then you have to apply for guardianship at the sub-divisional magistrate office in your State. It may take 3-4months to get the guardian certificate.

Yes, this holds true if the guardian is not taking good care of the child