Banks are advised to rely upon the Guardianship Certificate for opening and operating bank accounts of disabled persons

The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 was passed by Parliament to provide for appointment of legal guardians for persons with disability that is covered under the said Act. The Act was made to help the disable persons to open accounts in the bank.

The Trust also suggested that the legal guardian could open and operate the bank account as long as he remains the legal guardian.

A notification was passed by the Reserve Bank of India that the banks and banking sector have been asked to accept the Guardianship Certificate issued either by the District Court under Mental Health Act or by the Local Committees under the above Act for the purpose of opening and operating accounts for people with disabilities such as autism, cerebral palsy, mental retardation and multiple disabilities, among others. The person who is showing himself as a guardian of the disabled person has to submit the certificate as the proof in the bank for opening and operating an account on behalf of the disabled person.

The notification stated that “Banks are therefore advised to rely upon the Guardianship Certificate issued either by the District Court under Mental Health Act or by the Local Level Committees under the Act for opening and operating bank accounts.”