CAP. 136]

Mental Health (Guardianship) Regulations

[1989 Ed.

[Subsidiary]

(c) if it is proposed to transfer the patient into the guardianship of a

person other than the Director-

(i) the written agreement of that person; and

(ii) the Director's written acceptance of that person as the

guardian,

have been obtained.

(2) Where the Director has determined not to accept as guardian a person proposed under subregulation (1), he may appoint himself to be the guardian.

(3) The Director shall give notice of a determination or appointment by him under this regulation to the person named as existing guardian in an authority issued for the purpose of subregulation (1) and to any person proposed as guardian under that subregulation.

(4) Where a patient is transferred into guardianship pursuant to this regulation, sections 34(1), (4) and (5) and 35 and regulation 4 shall apply as if the patient had been received into guardianship pursuant to a guardianship application.

8. Suspension of powers of guardian

Where a patient is for the time being subject to guardianship, and

(a) the patient is admitted as a voluntary patient pursuant to section

30; or

(b) an order is made under section 31(1B) authorizing the removal of

the patient to a mental hospital,

the powers of the Director or other person under section 34(1) as guardian shall be suspended and shall remain suspended-

(i) in the case of a patient admitted as a voluntary patient, until the patient leaves the mental hospital or is discharged by a medical superintendent or receives from a medical superintendent notice in writing pursuant to section 30(2)(b) requiring him to leave the mental hospital, whichever is the sooner; or

(ii) in the case of a patient who is the subject of an order under section 31(1B), for so long as the patient remains liable to detention by a medical superintendent in a mental hospital.

9. Offences

A person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3 commits an offence and is liable to a fine of $1,000 and to imprisonment for 3 months.

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