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Procedure for Getting Guardianship A parent or relative requires to move an application (Form-A) under Rule 16 (i) to the Local Level Committee asking for appointment of a Guardian. The Form-A has details regarding the: Person with Disability (Name, age, nature of disability, address)
The Natural Guardians of a child are his/her parents. The father of the child is seen as the sole guardian and has the legal right of guardianship, but this right can be removed or altered when the father is proven to be incapable to take good care of his child.
The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group. The Act empowers the district court to nominate a guardian after considering the child's best interests. The High Court also has the authority to name a guardian for a minor, which it only does on rare occasions.
In guardianship, the court (clerk of superior court) decides who will be responsible for managing a person's affairs and/or property. The court could appoint a non-family member as a guardian.
The Probate Code dictates and prioritizes persons who are eligible to become guardians. The ward's spouse is entitled to be the guardian before any other individual. If there is no spouse or if the spouse declines or is unable to serve, then the next of kin is the next eligible individual to serve as guardian.