Regulation 5
Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 (as amended)
N.B. These Regulations have been superseded: see Mental Health Regulations for details.
Regulation
Procedure for and acceptance of guardianship applications
5.—(1) For the purposes of section 7 (application for guardianship)—
- (a) an application for guardianship shall be in the form set out—
- (i) where made by the nearest relative, in Part I of Form 17,
- (ii) where made by an approved social worker, in Part I of Form 18;
- (b) where a person other than a local social services authority is named as guardian, the statement by that person that he is willing to act shall be in the form set out in Part II of Form 17 or, as the case may be, 18;
- (c) any medical recommendation shall be in the form set out—
- (i) in the case of a joint recommendation, in Form 19,
- (ii) in any other case, in Form 20.
(2) A local social services authority may authorise in writing an officer or class of officers on behalf of the authority to consent under section 8(4) to any amendment of any guardianship application which the authority has accepted or any medical recommendation given for the purposes of that application.
(3) Where such an application is accepted by the responsible local social services authority, the record of acceptance shall be in the form set out in Form 21 and shall be attached to the application.
(4) The record of the receipt of anyjomt medical recommendation or, as the case may be, the second medical recommendation shall be made by the responsible social services authority in the form set out in Form 15 and shall be attached to the recommendation.
Amendments
None.