Nigel Turner's HyperGUIDE to the Mental Health Act

Section 7

Guardianship

Summary

Section 7 allows for people to be received into Guardianship, the consequences of which are set out at Section 8. Guardianship takes effect when an Application, based on two Medical Recommendations, is officially received and accepted by a local social services authority. The Application can only be made by an Approved Social Worker or the person's Nearest Relative. Also, a Guardianship Order can be made by a Court under Section 37.

Duration

The Guardianship lasts for up to 6 months in the first instance. It can be renewed for a further 6 months and then for a year at a time, in accordance with Section 20. The renewal conditions are the same as the original conditions give below.

Conditions

The grounds for the Application, as stated in the Act, are that person:

• is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is of a nature or degree which warrants reception into Guardianship; and
• it is necessary in the interests of the welfare of the patient or for the protection of other persons that he should be so received.

Notes

Whether the Guardian is the social services authority itself, or someone else, the Application still has to be accepted by the local social services authority, who will need written confirmation from anyone named as the proposed Guardian, that he/she is indeed willing to act in this way.