Effect of guardianship application, etc.
MENTAL HEALTH (AMENDMENT)
Ord. No. 46/88
A209
(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 guardian- ship under this section; and
(b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.
(3) A guardianship application shall be founded on the written opinions in the prescribed form of 2 registered medical practitioners, and each opinion shall include-
(a) a statement that in the opinion of the practitioner the conditions set out in subsection (2) are satisfied; (b) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in subsection (2)(a); and
(c) a statement of the reasons for that opinion so far as it relates to the conditions set out in subsection (2)(b).
(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 18 years.
(5) The person named as guardian in a guardianship application may be either the Director of Social Welfare or any other person (including the applicant himself); but a guardianship application in which a person other than the Director of Social Welfare is named as guardian shall be of no effect unless it is accepted by the Director of Social Welfare and is accompanied by a statement in writing by that person that he is willing to act as guardian.
(6) Where a guardianship application names a person other than the Director of Social Welfare as the guardian and the Director determines not to accept that person as the guardian the Director may appoint himself to be the guardian and, if he does so, shall notify the applicant accordingly.
34. (1) Where a guardianship application, duly made under the provisions of this Part and forwarded to the Director of Social Welfare within the period allowed by subsection (2), is accepted by him, or he appoints himself to be the guardian under section 33(6), the application shall, subject to the regulations, confer on him or the person named in the application as guardian, to the exclusion of any other person-
(a) the power to require the patient to reside at a place
specified by him or the person named as guardian;
(b) the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training;