The National Trust Act and Legal Guardianship

How families of adults with intellectual and developmental disabilities can arrange legal guardianship to manage money and make decisions.

When a child with an intellectual or developmental disability turns 18, they become a legal adult. Parents no longer automatically have the right to manage their money, sign documents or make decisions for them. This is where legal guardianship comes in.

The National Trust Act

The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 created the National Trust, a statutory body under the central government. The term “mental retardation” is outdated; today we say intellectual disability.

The National Trust runs schemes for these four groups, including Niramaya health insurance, day care, respite care and group homes.

Guardianship through Local Level Committees

The Act allows appointment of a legal guardian for an adult with autism, cerebral palsy, intellectual disability or multiple disabilities.

Applications go to a Local Level Committee, set up in each district and headed by the district collector or magistrate.
Parents can apply to be guardians, or nominate a relative or organisation.
The guardian manages the person’s property and finances in their interest and must file accounts.
The process is simpler and cheaper than going to court.

Supported decision-making

The RPwD Act, 2016 shifts the approach toward limited guardianship and supported decision-making, meaning the person with a disability should be helped to make their own choices as far as possible, with decisions taken jointly. This reflects the United Nations Convention on the Rights of Persons with Disabilities.

Why it matters financially

Without guardianship, a family may find it hard to:

Operate the adult’s bank account.
Manage property they inherit.
Sign contracts or apply for benefits.

Planning at 18

A mother's son with cerebral palsy turns 18. The bank tells her she can no longer operate his account on his behalf. She applies to the Local Level Committee, is appointed his legal guardian, and names her younger daughter as a future guardian. She can now manage his savings and pension.

Thinking parents remain guardians forever automatically

Parental guardianship ends when a child turns 18. For adults who need support, families should arrange legal guardianship under the National Trust Act or the RPwD Act.

Key takeaways

Parents lose automatic guardianship when a child turns 18.
The National Trust Act allows guardianship for adults with autism, cerebral palsy, intellectual or multiple disabilities.
Local Level Committees in each district appoint guardians more simply than courts.
The RPwD Act encourages limited guardianship and supported decision-making.