All Four Seasons Health Care staff are expected to protect and uphold the rights of Resident/Patients at all times. This may involve facilitating access to Guardianship.
What is guardianship?
Under section 37 of the Mental Health Act 1983 (amended to the Mental Capacity Act 2005), the Court has made an order that you should have a guardian to help you. This is called a “guardianship order”.
In Scotland under the Adult with Incapacity Act 2000 this means a person appointed by the sheriff to set or make decisions for an adult under part 6 of the Act.
- A financial guardian- means a guardian with financial powers.
- A welfare guardian- means a guardian with welfare powers.
Your guardian may be your local social services authority, or someone who has been approved by a social services authority. If your guardian is not a social services authority, they are called a “private guardian”.
Your guardian has legal powers to tell you:
- where you must live
- to attend appointments for medical treatment, work, education or training at set places and at set times
- to allow a doctor, or another named person to see you.
Why do I need a guardian?
Two doctors think that you need help to live in the community/care setting as you have a mental disorder and you need a guardian for your own welfare or to protect other people.
How long does it last?
In England and Wales, Guardianship lasts for up to six months at first. In Scotland, Guardianship normally lasts thre years.
Your guardianship may be renewed for a further six months, and again for a further year at a time, if your responsible clinician or your nominated medical attendant thinks this is necessary. They will talk to you about this nearer the time.
Your responsible clinician is the doctor, or other person, asked by the local social services authority to say whether you still need a guardian. If you have a private guardian, this will be done by a doctor called your “nominated medical attendant” instead.
Can I appeal?
Yes. You can appeal to the Court against the guardianship order. If you want to appeal you will have to do it quickly and it is best to ask a solicitor to help you. Ask your guardian or social worker about this and they will give you another leaflet.
If you want to stop having a guardian, you should talk to your guardian, your social worker, your responsible clinician or your nominated medical attendant.
You can also write to the social services authority to ask them to end your guardianship.
Someone from the social services authority may want to talk to you before deciding whether you still need a guardian.
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Staff Nurse, Pellon Care Centre
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