Guardianship Order

The purpose of a guardianship order is to enable patients with a Mental Illness to receive compulsory care in the community rather than as an in-patient under a section of the Mental Health Act 1983. Guardianships are generally less restrictive then hospital detainment, although do still impose restrictions on the person being treated.

Guardianships are normally awarded to the Local Authority but can be awarded to family members or others deemed appropriate by the court.

A Guardian has three powers:

• They have the right to decide where the person lives;
• They can require the person to attend specified places for medical treatment, work, education or training; and
• They can demand that a doctor, approved mental health professional (AMHP) or other specified person is able to visit the person where they live.

The guardian cannot authorise medical treatment and has no control over a person's money or property.

A guardianship order lasts for six months in the first instance. After this, it may be renewed for a further six months, and then for a year at a time.