Guardianship for Disabled Person in Pakistan: A Complete Guide

What is Guardianship?

Guardianship for a disabled person in Pakistan is a legal process where someone is appointed to take care of a person who cannot make decisions for themselves due to physical or mental disabilities. A guardian ensures the disabled person’s rights are protected and their needs are properly managed. Guardianship can cover both personal care and financial management, meaning the guardian will make decisions about healthcare, finances, living arrangements, and overall well-being.

Legal Framework for Guardianship in Pakistan

In Pakistan, guardianship is governed by the Guardian and Wards Act of 1890, which lays down the procedure for appointing a guardian. This law helps protect the rights of disabled individuals by ensuring they have someone legally responsible for making decisions on their behalf. The process is done through the Family Court, and a petition must be filed by someone interested in becoming the guardian, such as a family member or close relative.

How to Apply for Guardianship

To begin the guardianship process, the interested party must file a petition in the Family Court. This petition should explain the reason why the disabled person cannot care for themselves and why the person applying is suitable to be their guardian. The petition must include supporting documents and evidence, such as medical reports or family details. Once the petition is filed, the court will hold a hearing to review the case. If the court finds the application valid and in the best interest of the disabled person, it will appoint the guardian.

Responsibilities of a Guardian

A guardian is responsible for both the personal care and financial management of the disabled person. This means the guardian must ensure the individual’s healthcare needs are met, provide housing, and ensure their safety. If the guardian has been appointed for managing finances, they must take care of the ward’s assets, pay bills, and make sure the disabled person’s property is well-managed. Additionally, the guardian may need to report regularly to the court regarding the ward’s well-being.

Challenges in Guardianship

In some cases, if a guardian fails to fulfill their duties, or if they are not acting in the best interest of the disabled person, family members or others can challenge the guardianship. The court has the power to appoint a new guardian if necessary. Therefore, it is important to ensure that the guardian acts with full responsibility and care for the disabled person.

Guardianship for Disabled Minors and Adults

Guardianship can apply to both minors (children) with disabilities and adults who cannot make decisions for themselves. In the case of minors, guardianship is typically sought when the parents are unable or unwilling to care for the child. For adults with disabilities, guardianship is often applied when the person is unable to manage their finances, healthcare, or other aspects of life due to their condition.

Conclusion

Guardianship for a disabled person in Pakistan ensures their well-being is looked after and their rights are protected. If you are considering applying for guardianship for a disabled person, it is important to follow the legal procedure under the Guardian and Wards Act of 1890. As a family lawyer, I recommend seeking professional legal help to ensure that the process is handled properly and the disabled person’s rights are respected. At Zahid Law Office, we specialize in family law and guardianship cases. If you need assistance or have questions about guardianship for a disabled person, please feel free to contact us. We are here to help you navigate the legal process and ensure the best interests of the disabled person are met.