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July 2025

Guardianship of Persons with Intellectual Disabilities

By Dr Anup P. Shah,Chartered Accountant
Reading Time 18 mins

INTRODUCTION

Guardianship of Persons with intellectual disabilities or mentally challenged persons and their estate is a specialised subject. However, while India has multiple legislations dealing with this sensitive issue, it does not have a holistic Law that addresses all concerns. Unlike a person suffering from a physical disability, a person with an intellectual disability cannot easily take care of his own property/estate and hence, it becomes very essential to understand who can be the guardian and what such a guardian can do.

MULTIPLE LEGISLATIONS

In India, this subject is specifically addressed by three main Laws:

(a) The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (“National Trust Act”) – an Act to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto;

(b) The Rights of Persons with Disabilities Act, 2016 (“Disabilities Act”) - an Act to empower persons with disabilities; and

(c) The

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