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OCI sister needs guardianship certificate fo mentally disabled brother


12-Apr-2026 (In Civil Law)
I am unable to apply for guardianship Certificate of my mentally disabled brother as I am an Overseas Citizen of India (OCI card holder). My father is at an advanced age and I need to apply for dependent pension for my brother. How can I apply guardianship certificate as a non citizen of India? I am based in Kolkata, WB.
Answers (2)

Answer #1
700 votes
Dear Client, In the given scenario, you need to apply to concerned DM/Collector for issue of guardianship certificate under the National Trust Act, 1999 in respect of your mentality challenged brother along with a disability certificate issued under the Rights of persons with Disabilities Act, 2016 by the Competent Authority i.e., medical board constituted by the Central/State Government under the RPWD Act,2016. Individuals having 40% or more disability can apply for disability certificate to the medical board headed by the CMO of district hospital or other designated government healthcare centre.
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Advocate Soumendra Kumar Dutta

Adv. Soumendra Kumar Dutta

LawRato Kolkata | 25+ Answers
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Answer #2
793 votes
Yes, an OCI card holder can seek guardianship, but the matter usually requires application before the competent District Court/authority under disability laws. You may also execute a Special Power of Attorney in favour of your father/relative in India to file and pursue the case. Medical disability certificate, identity proofs, family documents and brother’s records will be required. Since you are in Kolkata, file before the jurisdictional authority/court there. If you need any legal assistance from my side, you may contact me through my profile for further consultation and guidance.
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Advocate Rahul Shaw

Adv. Rahul Shaw

LawRatoDurgapur | 25+ Answers
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