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The Mental Health Act Code of Practice
Know your rights
An easy read fact sheet
GuardianshipThis fact sheet is about Guardianship and your rights.
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Guardianship
Key facts
Á Guardianship is used to help you live outside of hospital.
Á Your Guardian can decide things for you, like where you live.
Á You can ask your Independent Mental Health Advocate to help you understand about your Guardianship.
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What is Guardianship?
) Guardianship is used to help and encourage you to get the care you need outside of hospital.
) A Guardian could be your Local Authority, or someone else that the Local Authority has agreed to be your Guardian
) Under Guardianship you should still be free to come and go from the place that you live.
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When are you given Guardianship?
) You can be placed under Guardianship if you are 16 or over, have a mental disorder and it is necessary to protect you or other.
) You might be placed under Guardianship even though you do have mental capacity to make certain decisions because it is felt you are vulnerable because of your mental disorder.
) The choice of Guardianship would be made instead of you being detained in hospital for treatment.
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What rights does a Guardian have?
Your Guardian:
) Has the right to decide where you should live.
) Should talk to you about where they want you to live
) Can require that a doctor, Approved Mental Health Professional (AMHP) or other such person is able to see you at the place where you live
) Can require you to go for treatment, work, training or education at agreed times and places
) Your Guardian or anyone else does not have the right to make you have treatment without your agreement
) Your Guardian or anyone else does not have the right to agree to treatment on your behalf if you have capacity to consent to the treatment.
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How am I placed under Guardianship?
) You can only be placed under Guardianship if two doctors say that the requirements in the Act are met.
) An application is usually made by an Approved Mental Health Practitioner (AMHP) but in some cases it can be made by your Nearest Relative.
How long does Guardianship last?
) Six months, after this time your Guardianship can be renewed.
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Can my Guardianship be ended?
) You can apply to the Tribunal for discharge from Guardianship.
) Your Nearest Relative can usually discharge you from Guardianship.
) Sometimes your Local Authority decides your Nearest Relative cannot discharge you. If this happens, your Nearest Relative can ask the Tribunal if they will discharge you.
) Your Local Authority can discharge you from Guardianship at any time and so can your Responsible Clinician.
) Your Guardianship would end straight away if you were detained in hospital for treatment of your Mental Disorder.
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The Mental Health Act Code of PracticeKnow your rights
Where in the code?
This easy read fact sheet comes from:
) DH Mental Health Act 1983: Code of Practice: Chapter 30 ‘Guardianship’ pages 342-348
Download the code: www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf
Download the easy read fact sheets: www.nhs.uk/easy-mentalhealthact
Download the easy read glossary: www.nhs.uk/glossary
More information:
Mind UK Sectioning and Guardianships: www.mind.org.uk/information-support/legal-rights/nearest-relative/sectioning-and-guardianships/ #.VQl7EhCsVSs