Name of the organization: Sahyog

Topic: Tookit on Legal Guardianship

Objectives of the toolkit:

1. Explaining what Legal guardianship is

2. Going through why Legal Guardianship is an important aspect and it’s

relevance.

3. Explaining how one should choose a legal guardian

4. Creating an awareness about the application process of Legal Guardianship

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Session 1

Session plan (In order):

1. Introduction
2. Ice breaker activity 1
3. Ice breaker activity 2
4. What is Legal guardianship
5. Reasons to think about Legal guardianship

Session in detail:

- Introduction: The session begins with an introduction given by the counsellor/ Social
worker/ trainer- In this introduction the Social worker will give a brief introduction
about themselves, about why this group has been made, what is the aim that is being
tried to achieve through this, and all in all trying to make the group comfortable so
that the session becomes a safe space. The social worker encourages the participants
to interact and communicate openly, freely and without fear. The social worker once
again re-iterates that this is a safe space and that there is going to be no judgement and
it would be a fun and educating experience for everyone. The social worker also
expresses excitement to learn from the participants.
- The social worker gives a short overview of the session and encourages everyone to
join, but also acknowledges that it’s understandable if some people don’t want to
 because it is the first time in the session. The social worker tells them that their
decision will be respected, and that they would remain an integral part of the meeting.

Ice breaker activity 1:

- This is a good ice breaker game that can be played so that the participants (caregivers
can get to know each other.
- The group stands in a circle and the game starts by a participant throwing a small ball
at someone in the circle. Like- What’s your name? What’s your favourite animal?
What’s your favourite colour? Etc.

- The person who catches the ball must answer the question and then throw the ball to
another participant and ask their own question.
 - Purpose: The purpose behind this is that this exercise will help the participants to get
to know each other in a fun and informal way without any pressure. This might help
to take the pressure off and could help in participating in further activities as the
session continues.
- Ice breaker Activity 2:
- In this activity the participants alone with the social worker will sit in a circle and will
have to say one thing that makes them feel positive about themselves and makes them
feel proud and then do the same for their child. (This can also be done on a piece of
paper and read aloud)
- The social worker can start off this activity and this will encourage the other
participants to participate as well.

Setting rules: After this activity the Social worker will set rules that need to be followed
during the sessions throughout the process- Some of the rules was confidentiality, no one was
allowed to share the discussions of the group with anyone outside the group, bullying will not
be tolerated- No one is allowed to humiliate, ridicule, make fun or tease other members and
everyone would be treated with respect. No interrupting when someone was speaking, and no
interruptions during the session- So no mobile phone using during the sessions. And the last
rule was being punctual for the session.

Introduction to the topic:

The social worker explains that the topic of these sessions is going to be Legal Guardianship.
During these sessions we are going to learn about Legal Guardianship? What exactly does
legal guardianship mean? And different aspects related to legal guardianship in the next few
sessions.

Talking point 1- Ask the participants if they have heard about legal guardianship before?
What have they heard about it?

Talking point 2- Ask the participants if they can explain legal guardianship in their own
words?

What is legal guardianship?

A guardian is a person who is

appointed by parents who is
trusted with caring for another
person and their property, or in this case the child with disability. He or she takes on the
responsibility of caring for and protecting the person for whom he or she has been appointed
guardian. On behalf of the ward's person and property, the guardian makes all legal decisions.
This might be the case for some Children / person’s with disability in the cases of children
with severe disabilities and they may be unable to care for themselves or for their property.

Talking point 3- Ask the participants why might one apply for legal guardianship?

- Death of parents
- Person with severe disability
- Securing future of child/child’s property
- Medical reasons
- Managing financial resources of the persons with disability.

There are many reasons that a person might apply for becoming a legal guardian. One of
those reasons is when an individual is a person with disability. The person with disability
might not be able to make certain decisions like in terms of financially or legally or for
property purposes. This is where the role of a legal guardian will come in.

Reasons for applying for Legal guardianship: The social worker further explains
reasons for applying for legal guardianship for their child/ appointing someone as a
legal guardian for their child.

Parents typically take the responsibility of their child when they are minors i.e Below the age
of 18. However, in cases of persons with disability, depending on the disability or the degree
of disability there will be need for parents take carry on this responsibility after the age of 18
years. They will need to legally represent their child in various matters. Such as:

For obtaining loans and concessions:

- Parents may wish to apply for certain concessions or schemes that may be offered by
the Government which is geared towards persons with disabilities. So they may
require to show that they are the legal guardians of the child.

- Taking an example of a scheme that is aimed towards intellectual disability, cerebral

palsy, Autism and multiple disabilities and if it is accessed by the parents of said child
they will need to provide proof of guardianship status.
Banking and financial decisions:

As a person/ parent/ child When it comes to making banking decisions like managing
investments for the benefit of their children with disability. Give an example: Property
(Narration)

Under the NTA the parents can still be the legal guardians of their child with disability even
after the age of 18.

Having guardianship is also helpful when you want to open a bank account for your child.
For example: If a Rahul is a child with Autism (17 yrs) and his parent has opened a bank
account in his name for his future and let’s say she needs access to the bank account for
therapy or medical expenses, in order to be able to access that account she would need to
have legal guardianship.

Example: When Gayatri is person with autism, non-verbal and intellectual disability. When
she was 17 years of age her parents wanted to open a bank account for her. They wanted this
bank account for her so that in her future her financial needs will be taken care of and this
money could be used for other purposes like housing expenses, medical expenses, therapies
she might require. Since she was below still minor her parents were her guardians and thus
they were able to set up an account in her name. At 20 years of age Gayatri had medical issue
and needed to access her bank account. Her parents approached the bank so they could apply
for a loan in her name from her account. However, at the bank they were told that since
Gayatri was not a minor any more they would need to show proof of legal guardianship/ legal
documents stating that her parents were her legal guardians.

For Loans or Concessions:

There are many concessions or loan schemes that are made available by the Government for
the benefit of Persons with disabilities. Like there are certain schemes for loans that are
provided at a concession rate to person with disability. These benefits can be availed by the
legal guardian for the person with disability in the name of the dependent.

For example: Rishi is a person with cerebral palsy and is of 18 years of age. He is applying
for an education loan that is offered by the Government under the NHFDC schemes.
However, between his studies and the non-accessible entrance of the building he is unable to
go to the bank to make an application. However, when Rishi was a minor his elder sister who
helped in taking care of him was appointed as his legal guardian. Therefore, his elder sister
who is above 18 year who is legal guardian can approach the bank on Rishi’s behalf with the
necessary documents to apply for the Education Loan under the NHFDC scheme.

Note: The social worker should put forth the case studies to the participants and ask them to
identify the benefits of having the legal guardians in these situations. The aim of this is to
make them understand the benefits of having legal guardians for their child with disability if
they encounter such situations in the future. This helps them picture their child’s future and
also being able to put themselves in these shoes to try and understand what would happen if
they were not having legal guardians.

Conclusion:

Social worker concludes the session by doing a short recap on legal guardianship. The social
worker asks the participants for their feedback on the session. Any questions that they have,
were they aware about legal guardianship before?

Session II

Session plan (in order)

1. Introduction
2. Activity 1
3. Talking point 1- How to choose a Legal guardian
4. Assignment- List down qualities
5. Talking point 2- Speaking to your child about Legal Guardianship

Session in detail:
The social worker should begin the session with the recap of the previous session. This
should be a 5-minute exercise where the participants go round sharing about the previous
session.

Introduction: The social worker then explains that today’s session will be a continuation
from Legal guardianship i.e Who can apply for legal guardianship and Things a parent should
consider before choosing a legal guardian.

Activity: The group Chain

- Ask group members to stand in the middle of the room. Ask a volunteer to start the
icebreaker by stating their name and a fact about themselves (i.e. “My name is Adam,
and I’m a football fanatic”).
- Next, that volunteer will form a “link” by putting one hand on their hip and sticking
out their elbow.

- Another group member who can relate to the fact shared (i.e. he/she is also a football
fanatic) will link arms with that person and repeat the process (i.e. “My name is
Shannon, and I’m also a football fanatic. I have 3 children” — a group member with 3
children would then link arms with Shannon and continue the exercise).
- If someone shares a fact that no other group member can relate to, they must state
another fact.
 - Once everyone has linked arms, the last person who joined the “link” and the
volunteer who started the icebreaker must find a commonality and then link arms
(forming a “chain”/circle).

Note: The social worker explains that everyone has qualities, these qualities link us together
and make us comfortable with each other. And that is why choosing the person (Legal
guardian) to be a part of that chain/ become a part of your family is important.

Talking point 1- What should a parent look at when choosing someone to be a legal
guardian? What kind of qualities would you choose? What should you keep in mind as a
parent?

The social worker notes down the points put forth by the parents:

- Someone they and their child are

comfortable with
- Someone who will care for their child in
the future
- Someone who knows their child
- A person that knows their child’s disability
- A person that is already a parent
- Someone who has good values and you
share the same values

These might be some of the points put forth by the parents. The social worker explains that
all of these qualities are important for you as well as for the future of your child. No one
wants to think of a situation where they are not around for their child anymore, but it is
something that has to be done. Choosing someone to care for your child’s needs when they
are still a child/ become an adult is important.

Sometimes there might be situations that are tough and difficult to think about. But it is
important to give thought to them as such situations might occur. There could be an instance
where you might be unable to care for your own child in the event of your death or if you
meet with any injury that prevents you from caring for your child. When choosing an
individual to be a legal guardian it must be a person who you trust with the life of your child.
It must also be someone your child trusts and someone who is comfortable with your child
and vice versa. Name or choosing a guardian is one of the most important decision as a parent
that you can make for and with your child.

1. It needs to be someone who has good parenting skills: Raising a child is not always easy
and caring for a child with disability has its own challenges. You need to pick a guardian you
trust, who is good with your child and who truly cares and will do the best for the benefit of
your child. They need to take care of them not just as a guardian but also as a parent.

2. Taking age into account: When picking a guardian, your thoughts might go to child’s
grandparents (grandparent can make excellent guardians). However, you must consider that
the age factor might make certain tasks difficult. If you’re child requires assistance with
carrying out their activities of daily living and aging grandparent might have their own set of
health issues that might prevent them from assisting.

For example: Harsh is a person with cerebral Palsy. When he was a minor his parents were
legal guardians and just before he turned 18 years his parents applied for legal Guardianship.
They had also prepared a will in the case of their death that Harsh’s grandmother would be
his legal guardian. When Harsh was 25 years of age his parents died in an accident and his
grandmother became applied to become his legal guardian as stated in the parents will.
During that time his grandmother was able to help get into his wheelchair, assist him with his
activities of daily living and physical therapy and even take him to his doctors’ appointment,
however recently his Grandmother has taken seriously ill and is now unable to care for him as
she is completely on bedrest. In this case we can see how the age factor is something that
might affect the care required to be given to a person with disability.

1. Keep in mind finance and family relationships: While picking a guardian for your
child also keep in mind the person’s home structure, do they have regular income or
does their job involve a lot of travel where they may not be able to care for your
child? These factors are all important to think about when choosing a guardian.
Another aspect is, does the guardian get along with other persons in your family, this
is on the assumption that other members in your family will also be in your child’s
life.
 2. Providing details: When choosing your legal guardian also provide if you can, in
written format, information about your care plan for you child, that could be nutrition
instructions, what school you send them or are planning to send them too, what kinds
of therapies they should be receiving, details about their treatment plan if applicable
etc.

3. Structure of the home: Another aspect that should be consider when looking at
picking someone to be your child’s legal guardian is whether their home is accessible.
Whether your child will be comfortable in their home, be able to move around to a
certain extent.

Assignment/ homework:

As the parents to list down some of the qualities that are important to them present in a legal
guardian for their child and when they begin the process of choosing a legal guardian use the
list as a reference to a person that might fit those qualities.

Talking point 2- Explaining Legal guardianship to your child.

The social work should explain to the parents that Legal guardianship is a process not just for
parents but also for the child.

Your child needs to understand what legal guardianship is-

- explain it to them in simple language

- Let them ask you questions
- Ask them how they feel about this
- Get their input on choosing a legal guardian
- Don’t let it be one sided- sit down and have an open and honest conversation with the
whole family

Note: This might not be a one-time conversation- conversations like this take time and is a
process. Make sure to clear things up and if you have any doubts in your mind talking about
it and saying it out loud can lead to a meaningful discussion.

The social worker should also use the video resources to show information on legal
guardianship: https://youtu.be/d02knn8BlXo
Conclusion:

The social worker concludes the session by taking feedback on the session. The social worker
recaps the topics spoken on in this session as well as the previous session. The social worker
reassures the participants and explains to them the importance of choosing the right legal
guardian and how it is important part of their child’s life. The participants go round giving
feedback on the session and what they have taken away from the session. Once again the
social worker reminds them about their homework assignment.

Session III

Session plan (in order):

1. Introduction
2. Thinks to remember
3. Talking point 1- Speaking to the Legal guardian beforehand
4. Concluding Activities

Session in detail:

The social worker begins the session with a recap of the previous session. The points on
choosing the legal guardian should once again be discussed with sharings from the
participants.

The social worker also reminds the participants that this would be their last session on legal
guardianship but not to be stress too much as they are there for support. The social worker
reassures the participants that if they want to talk about legal guardianship on an individual
basis to clear doubts they are there for them.

Introduction:

The social worker introduces the topic for today “Learning the process for Legal
guardianship”.

She explains that this session might be a bit technical but it is important to learn the process
whenever one wants to begin this process of Legal guardianship.

Things to remember:

- Form can be submitted online and offline

 - Documents required- Birth certificate of PWD, Disability Certificate, proof of
residence (Aadhar, electricity bill, gas bill etc.),
- Self attested copies can be submitted and attached.
- Make sure to have photocopies/attested photocopies of Form A and Form B which
need to be attached (online and Offline)
- Consent form of the guardian also has to be filled and taken with signature and
attached.
- A parent can be named as a guardian, a sibling or a family relative or another support
system that has been involved in the life of the CWD.

Note: Before this session the social worker should print out some sets of the offline legal
guardianship document so that the parents can practice the filling out during the session or at
least see how the process of filling out the document can be done.

Talking point 1- Talking to the legal guardian

As a social worker you must explain to the participants that like how in the previous session
we thought carefully about who we must choose to be the legal guardian for our child,
speaking to the legal guardian before appointing them is extremely important.

Things to cover-

- How do they feel about your child?

- Are they equipped to care for a child with disability?
- Are they aware about the process of care that you have for you child (This could be
different types of therapies, medical procedures if required etc)
- Are they ready to take on these responsibilities?
- Talk to them about your child’s future?
- Are they ready to be the legal guardian for your child?
- Are they prepared to care for your child’s emotional, physical and psychological
needs?
- Also invite them to spend time with your child (Observe)

Having this conversation before you appoint them as the legal guardian is important and also
making sure that they get along with your child and your family is a priority. Remind the
parents their child’s care and future should be secured and safe.

Conclusion of the topic:

The social worker concludes the topic by reminding the participants that the position of legal
guardian requires extreme caution. Any decision taken with regards to the person with
disability would have consequences in the future. It is necessary to determine who should be
the guardian who can step into the shoes of the parents. Always bear in mind how a
guardianship can affect the individual's freedom to act on their own behalf, and use the least
restrictive means possible to accomplish what is best for the person. Make every effort to
respect the disabled person's pride and dignity.

Concluding activity 1: Snowball fight

- Everyone writes three things they have

learned from the group on a piece of paper.
- They then crush it up and throw to the centre
of the room.
- Everyone takes a turn opening and reading
each other’s ideas. 

Concluding Activity 2- Ball Toss

- Have students toss a small ball to one

another.
- When they catch the ball, they tell
one fact they have learned from the
lesson/group.

These activities will serve as a recap of all

the three sessions. The social worker should ensure that the objective for which the sessions
were conducted was achieved and reassure the participants by clearing out any doubts and
provide support through the process of legal guardianship if any of the participants decide to
begin the process.

Once again make sure the reiterate the main points of the sessions:

- What is Legal guardianship?

- Why Legal guardianship?
- Who to choose as a guardian?
- Short reminder of the process