The Guardianship and Wards Act, 1890, sets out the eligibility criteria for a person to be appointed as a guardian under the Act. Here are the eligibility criteria as per law:
Eligibility Criteria for Guardianship
1. Age: The applicant must be a major, i.e., above 18 years of age (Section 5, Guardianship and Wards Act).
2. Sound Mind: The applicant must be of sound mind and capable of managing the minor’s property and affairs (Section 5, Guardianship and Wards Act).
3. Not Disqualified: The applicant must not be disqualified from being appointed as a guardian under any law (Section 5, Guardianship and Wards Act).
4. Minor’s Welfare: The applicant must have the minor’s welfare and best interests at heart (Section 17, Guardianship and Wards Act).
5. No Conflict of Interest: The applicant must not have any conflict of interest with the minor or the minor’s property (Section 17, Guardianship and Wards Act).
Disqualification Criteria
1. Unsound Mind: A person who is of unsound mind or is suffering from any mental or physical disability that renders them unfit to manage the minor’s property and affairs (Section 5, Guardianship and Wards Act).
2. Conviction: A person who has been convicted of any offense involving moral turpitude or has been imprisoned for a period of not less than two years (Section 5, Guardianship and Wards Act).
3. Insolvency: A person who is an undischarged insolvent or has been adjudged insolvent (Section 5, Guardianship and Wards Act).
4. Neglect or Cruelty: A person who has been found guilty of neglect or cruelty to the minor or any other child (Section 5, Guardianship and Wards Act).
Additional Requirements
1. Consent: The applicant must obtain the consent of the minor’s parents or guardians, if any (Section 10, Guardianship and Wards Act).
2. Court Approval: The applicant must obtain the approval of the court before being appointed as a guardian (Section 11, Guardianship and Wards Act).
Note: The eligibility criteria and disqualification criteria may vary depending on the specific circumstances of the case and the laws of the jurisdiction. It’s recommended to consult with a lawyer or legal expert to determine the applicable eligibility criteria and disqualification criteria.
