How do you apply for Legal Guardianship for children with special needs?

For many families of children or young adults with disabilities, a common concern is: “Who will care for my child if I’m not around?”

This is a natural and valid worry. Planning ahead helps ensure that your loved one continues to receive the care, protection, and support they deserve – no matter what the future holds.

What is legal guardianship?

Legal Guardianship is a formal process through which a trusted person is appointed to support and make important decisions for an individual with a disability.

This may include:

• Personal matters (like health, education, daily care)
• In some cases, financial matters (like managing benefits or assets)

The goal is always to prioritise the individual’s rights, preferences, and well-being.

Who can apply for legal guardianship?

Families or caregivers of individuals covered under the Rights of Persons with Disabilities (RPWD) Act, 2016 can apply for Legal Guardianship through the National Trust of India.

You’ll find step-by-step guidance in the presentation above, including:

• Documents needed
• How to submit the application
• What to expect during the process

How to choose a legal guardian

This can be a sensitive and personal decision. Financial advisor Mr. Jitendra Solanki shares helpful insights into common questions families ask:

• Who is eligible to be a legal guardian?
• Can more than one guardian be appointed?
• What qualities should you look for in a guardian?

How to apply for legal guardianship

You can apply for legal guardianship through the Local Level Committee (LLC) of the National Trust in your area. Here’s a simple breakdown of the process:

1. Download the application form

Visit the National Trust website and download Form A for legal guardianship application.

2. Prepare required documents

These usually include:

• proof of disability (disability certificate)
• age proof of the person with disability
• ID proof and address proof of the proposed guardian
• recent passport-size photographs
• medical reports (if applicable)
• an affidavit on stamp paper

3. Submit to the LLC

Submit your completed form and documents to the Local Level Committee in your district. You can find the contact details on the National Trust website or ask your local District Disability Officer.

4. Attend the LLC meeting

You will be invited to a meeting with the committee. They may ask questions about your role and readiness as a guardian.

5. Receive guardianship certificate

Once approved, you will receive an official guardianship certificate. This document is useful for handling legal, medical, educational, or financial matters on behalf of the person.

Note: In some regions, NGOs registered with the National Trust also help families with this process. Ask your local disability resource centre or helpline for guidance.

Why legal guardianship matters

As children grow older, their needs change but for individuals with intellectual or developmental disabilities, some level of support may always be needed. Legal guardianship gives families peace of mind that someone will be legally responsible to step in and care for their loved one if they, as parents or primary caregivers, are unable to.

In many families, one or both parents naturally take on the role of caregiver—managing doctor visits, school meetings, daily routines, and decisions. But legally, once the child turns 18, a parent cannot take decisions on their behalf unless appointed as a guardian. This can create confusion and difficulties in situations where decisions need to be made urgently or where access to healthcare, financial benefits, or education is involved.

Legal guardianship provides the clarity and structure needed to support the individual with disability in all areas of life without overstepping their rights or independence.

What decisions can a guardian make?

The role of a guardian is to act in the best interests of the individual. Depending on the person’s needs, the guardian may:

• Coordinate medical care and appointments
• Ensure safe and suitable housing
• Make decisions about education, therapies, or job training
• Help manage daily tasks like food, transport, hygiene, and safety
• Assist with government paperwork and benefits
• Manage bank accounts or property (if given financial guardianship)

However, it is important to remember that legal guardianship does not mean controlling someone’s life. The guardian is expected to involve the person in all decisions and support them in expressing their choices, wherever possible.

When should families start planning?

It is a good idea to start thinking about legal guardianship a few months before your child turns 18. The process can take time – collecting documents, completing medical assessments, and going through approval.

Starting early gives families time to:

• Understand the process
• Discuss options and responsibilities with extended family
• Identify a trusted guardian
• Prepare necessary documents
• Apply without feeling rushed or stressed

Planning early also gives your child time to adjust and understand the changes in a safe, supportive way.

What if the family is not available?

In some cases, families may not be able to take on guardianship due to age, health, distance, or other responsibilities. That’s okay. You can consider:

• Appointing a sibling, cousin, or family friend who knows your child well
• Exploring local NGOs or disability support organisations that offer long-term care
• Looking into supported living options with trained staff and ongoing supervision

It’s important to talk openly with potential guardians. They should feel confident, supported, and committed to taking on the role.

Make a future plan

Legal guardianship is just one part of future planning. Families are encouraged to create a simple plan that includes:

• Key documents and ID cards
• Emergency contact numbers
• Routines, likes, and dislikes
• Medical history and current needs
• Long-term goals and dreams for your loved one

Even a short, handwritten note can be very useful to the next caregiver. You can download our Caregiver’s Emergency Guide to get started.

Additional resources

• Read a parent’s ब्लॉग on planning for their child’s future.
• Subscribe to our Future Readiness Programme via WhatsApp at 844-844-8996 to receive step-by-step support.
• For more information, access our Know Your Rights (KYR) chatbot: Click here or message us at 844-844-8996.
  

Special thanks to Ms Jaspreet Tuteja and Mr Vivek Kumawat from Karma Healthcare for their generous support in translating this presentation into Hindi.

अस्वीकरण

This guide is for informational purposes only, to help you understand the process of applying for Legal Guardianship. Please consult a legal or financial expert for personalised advice.