Guardianship orders
16 Guardianship orders
A guardianship order—
shall appoint a person who is of or above the age of 18 years as the guardian of the person of the person under guardianship,
shall specify whether the order is continuing or temporary,
shall specify whether the order is plenary or limited, and
may be made subject to such conditions as the Tribunal considers appropriate to specify in the order.
A limited guardianship order shall specify—
the extent (if any) to which the guardian shall have custody of the person under guardianship, and
which of the functions of a guardian the guardian shall have in respect of the person under guardianship.
A guardianship order may contain a statement to the effect that the order will not be reviewed under section 25 (2) (b) at the expiration of the period for which it has effect, but only if the Tribunal is satisfied that, in all the circumstances, it is in the best interests of the person who is the subject of the order that the order is not reviewed at the expiration of that period.
Note—
Section 25 (1) and (2) (a) provide for the review of a guardianship order on the Tribunal’s own motion or at the request of any person entitled to request a review. Those rights to review are unaffected by any statement in the guardianship order that the order will not be reviewed under section 25 (2) (b) at its expiration.
Two or more guardians of a person may be appointed under one or more limited guardianship orders, either jointly (each having the same functions) or separately (each having different functions). However, the Public Guardian is not to be appointed a joint guardian.
A reference in this Act to the guardian of a person is—
in the case of joint guardians, a reference to all of the guardians, and
in the case of separate guardians, a reference to whichever of those guardians has the relevant function.
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