MHA 1983 s7
Change made by Mental Health Act 2007
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[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 19. Guardianship and guardianship orders [Note that the chapter number relates to the old Reference Guide] — paragraphs 19.23 to 19.27
- Mental Health Act 1983 Code Of Practice for England, 8. The nearest relative, 28. Guardianship, leave of absence or SCT?
Application for guardianship
7.— (1) A patient who has attained the age of 16 years may be received into guardianship for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as "a guardianship application") made in accordance with this section.
(2) A guardianship application may be made in respect of a patient on the grounds that—
- (a) he is suffering from mental disorder [...] of a nature or degree which warrants his reception into guardianship under this section; and
- (b) it is necessary in the interests of the welfare of the patient or for the protection at other persons that the patient should be so received.
(3) A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include—
- (a) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and
- (b) a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection.
(4) A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of 16 years.
(5) The person named as guardian in a guardianship application may be either a local social services authority or any other person (including the applicant himself); but a guardianship application in which a person other than a local social services authority is named as guardian shall be of no effect unless it is accepted on behalf of that person by the local social services authority for the area in which he resides, and shall be accompanied by a statement in writing by that person that he is willing to act as guardian.
- Mental Health Act 2007 s1 & sch 1, s55 & sch 11; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08