C1C2PART IICOMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

Annotations:
Modifications etc. (not altering text)
C2

Pt. II expiry of earlier affecting provision 2020 c. 7, Sch. 10 paras. 3-13 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Guardianship

Transfer of guardianship on death, incapacity, etc. of guardian25

1

If any personF1 (other than a Board or an authorised F2HSC trust) having the guardianship of a patient received into guardianship under this Part—

a

dies; or

b

gives notice in writing to the responsibleF1 authority that he desires to relinquish the functions of guardian,

the guardianship of the patient shall thereupon vest in the responsibleF1 authority, but without prejudice to any power to transfer the patient into the guardianship of another person by virtue of Article 28.

2

If any such person, not having given notice under paragraph (1)(b), is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the responsibleF1 authority or by any other person approved for the purpose by thatF1 authority.

3

If it appears to a county court, upon application made by an officer of the responsibleF1 authority, that any personF1 (other than a Board or an authorised F2HSC trust) having the guardianship of a patient received into guardianship under this Part has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the responsibleF1 authority or to any other person approved for the purpose by thatF1 authority.

4

Where the guardianship of a patient is transferred toF1 the responsible authority or any other person by or under this Article, Article 28(6) shall apply as if the patient had been transferred into the guardianship of thatF1 authority or person by virtue of that Article.

5

The responsibleF1 authority shall immediately notify F3RQIA of the transfer of guardianship of a patient by or under this Article.