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Guardian
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
Appointed under the Mental Health Act to help and supervise patients in the community for their own welfare or to protect other people. The guardian may be either a local authority or a private individual approved by the local authority.
This role applies when
Q suffers from a mental disorder and requires help and supervision to continue living in the community
This role applies to
Mental capacity cases
Sometimes
Mental health cases
Always
Day to day living
Occasionally
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
Guardian | Mental Health Act 1983, S.7 | https://www.legislation.gov.uk/ukpga/1983/20/section/7 |
The person in this role
Is professionally qualified to perform the role
Sometimes
Has a professional relationship with Q
Sometimes
Has a personal relationship with Q
Sometimes
Is professionally independent of the organisation(s) involved
Has lived experience of Q's care and support needs
Sometimes
Speaks for/on behalf of Q
Safeguards Q's rights
Ensures Q's understanding
Is consulted about Q's health and welfare
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Is the person formally appointed to this role?
Must be
How many people can perform this role at one time?
One
Are there any other criteria for appointment?
Local authority OR person [aged 18+] nominated by LA
Who nominates/appoints them?
Local authority
Is the appointment time limited?
Other comments