LEGAL GUARDIANSHIP CERTIFICATES ISSUED UNDER MENTAL HEALTH ACT, 1987

CIRCULAR DBR.NO.LEG.BC.78/09.07.005/2015-16, DATED 11-2-2016

Please refer to Circular DBOD.No.Leg.BC.84/09.07.005/2013-14 dated January 13, 2014 wherein banks were advised, inter alia, to take note of the legal provisions in the Mental Health Act, 1987 and that they may rely on and be guided by the orders/certificates issued by the competent authority, under the Act, appointing guardians/managers for the purposes of opening / operating bank accounts.

2. It has been brought to our notice that banks are insisting on guardianship certificate from all mentally ill persons. In this regard it is clarified that paragraph 2(iii) of the aforesaid circular is not intended to mandate banks to insist on appointment of a guardian as a matter of routine from every person “who is in need of treatment by reason of any mental disorder”. It would be necessary for banks to seek appointment of a guardian only in such cases where they are convinced on their own or based on documentary evidence available, that the concerned person is mentally ill and is not able to enter into a valid and legally binding contract.