A guardianship order will last for six months to begin with. Or occasionally a friend or relative of the person may be appointed as the guardian. The person’s local authority is usually named as their guardian. An AMHP cannot apply for a guardianship order if the person’s nearest relative does not agree to it. An AMHP or the person’s nearest relative can apply for guardianship if the person is putting their own health at risk or if they are a danger to themselves or others. The process to apply for guardianship is similar to the process for having a person detained under section 3 of the Mental Health Act. Being a successful guardian therefore depends a lot on the relationship the guardian has with the person with the mental disorder. They can’t authorise medical treatment and they can’t control a person’s money or property.Įxcept for having the power to decide where a person lives (which includes the power to bring them back if they leave), a guardian can’t legally force a person to do something they don’t want to do. The guardian must also always make decisions in the person’s best interests. The decisions a guardian makes must be the least restrictive option for the person with a mental disorder. to demand that a doctor, an AMHP or another specified person is able to visit the person where they live.to require the person to go to specific places for medical treatment, work, education or training (but they can’t use force to take the person there).Doctors should therefore consider whether guardianship is more appropriate than detaining someone in hospital. But it can be less restrictive for the person to stay living in their community than to go into hospital.
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For example if a person is the subject of a guardianship order, decisions may be made for them that they might not agree with. It has Pride quality, easy maneuverability, and with a low, low price, the Travel Pro is a consistent winner. However guardianship orders and hospital sections are similar. It is rare for a person with dementia to have a guardianship order but it is an option.Ī ‘guardianship order’ is not the same as a ‘hospital section’ that is made under the Mental Health Act. A guardian has special legal powers to make some decisions for a person who has a mental disorder.