Non-citizens cannot be appointed guardians of persons with disabilities, but may nominate an Indian citizen as co-guardian.

Appellant No. 2 suffers from 100% locomotor disability due to Cerebral Palsy, seizures, and mental retardation

His sister, Appellant No. 1, filed a Writ Petition seeking appointment as his guardian for person and property following the death of their parents

The learned Single Judge dismissed the Writ Petition on 25.02.2026, holding that Appellant No. 1 is a citizen of New Zealand and thus ineligible for guardianship under statutory rules

The Appellants challenged this order via an intra-court appeal, noting that both currently reside in Australia and Appellant No. 2's visa has expired

1. Whether a non-Indian citizen can be appointed as a guardian for a person with disabilities under the National Trust Rules, 2000

2. Whether a mechanism can be devised to ensure the welfare of a person with disabilities when the primary caregiver is a foreign national

Rule 17(1)(iii)(a) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000, which mandates that a proposed guardian must be a citizen of India

The court relied on the Division Bench precedent in Sunil Podar v. National Trust for the Welfare of Person with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and Anr. (2023), which upheld the constitutional validity of Rule 17 and established a framework for appointing statutory guardians in cases involving foreign national caregivers

The Court affirmed the Single Judge’s finding that Rule 17(1)(iii)(a) creates an absolute bar against non-citizens acting as statutory guardians, noting that Appellant No. 1 is a citizen of New Zealand

However, applying the parens patriae logic from Sunil Podar, the Court reasoned that the welfare of Appellant No. 2 remains paramount and cannot be left "in a lurch"

The Court determined that while Appellant No. 1 cannot be the sole legal guardian, she may nominate an Indian citizen to serve as a statutory guardian

This statutory guardian would then act alongside Appellant No. 1 to fulfill all legal/welfare obligations, ensuring the disabled person remains in the care of their family while satisfies the citizenship requirement of the Rules

The Committee is directed to evaluate the circumstances and facilitate this arrangement to ensure the welfare of Appellant No. 2

The Court directed the Ministry of External Affairs and Ministry of Home Affairs to cooperate regarding Appellant No. 2’s visa issues

The existing interim custody arrangement remains in force until modified by a competent authority