Naresh, 48, lost his mother in 2021 and, more recently, his father in January 2024. Since his father had been a government employee, his dependents were entitled to a family pension. However, Naresh couldn’t access the funds independently because he’s intellectually disabled. Without a legal guardian, the pension and property rights were out of his reach. When his brother, Rakesh Barthwal, stepped up to help, their initial application for guardianship was rejected due to missing documentation. This is when the District Administration Dehradun referred Naresh’s family to us for legal assistance.
Navigating a Challenging Situation
In India, disabled adults often face barriers to securing their legal and financial rights, as the law requires a legal guardian to be appointed to represent their interests. Latika Resource Center works to ensure that they and their families receive the support they need to lead fulfilling lives. One of the ways in which we do this is by helping individuals like Naresh with the legal guardianship process so that they can gain access to the financial and legal resources they’re entitled to.
We worked closely with Naresh’s family to help them gather the necessary paperwork. We guided Rakesh through the process of filing forms for guardianship and with our support, he was officially appointed Naresh’s legal guardian. This was a significant moment, as it meant that the family could receive a pension of ₹23,000 every month. We also made sure Naresh’s name was correctly listed in property ownership records so that his rights are protected in the future. Rakesh has expressed interest in learning more about managing Naresh’s assets and property transactions – a step we’re happy to assist with.
Why Legal Guardianship is Crucial for Disabled Adults
In India, legal guardianship is often necessary for disabled adults to fully participate in decisions that affect their lives. This system is designed to protect the interests of those who, due to their disabilities, may struggle to manage their financial or legal affairs independently. Having a trusted guardian like a family member ensures that these adults receive the protection and support they need to lead secure and dignified lives. Guardianship allows families to help manage not only financial matters but also property rights, healthcare decisions, and day-to-day support. It helps bridge the gap between the individual’s needs and the legal and financial systems, giving them access to services they would otherwise be excluded from.
Securing Naresh’s guardianship has opened access to his pension, secured his property rights, and empowered his family to support him better. He now enjoys greater financial independence, and his future is far more secure. His family’s at peace, knowing his rights and needs are being met with the care and attention he deserves. Naresh’s story is just one example of why this work is so important, and why we’ll continue to provide this essential support to the families who need it most.
