Guardianship and Administration Act 1995

In this Act, person responsible for another person means – where the other person is under the age of 18 years and has a spouse, the spouse; or where the other person is under the age of 18 years and has no spouse, his or her parent; or where the other person is of or over the age of 18 years, one of the following persons, in order of priority:the other person's guardian, if the order or instrument appointing the guardian provides authority for the guardian to make the relevant decision; the other person’s spouse; the person having the care of the other person; a close family member of the other person; or in relation to an intimate forensic procedure, or a non-intimate forensic procedure, in respect of the other person, to which a request under subsection (1A) relates, the Public Guardian.

A police officer or registered practitioner may, by notice to the Public Guardian, request the Public Guardian to become the person responsible for a person in relation to an intimate forensic procedure or a non-intimate forensic procedure in respect of the person if – the person is a person to whom Part 6 applies; and the police officer or registered practitioner reasonably believes that the carrying out of the procedure on the person, by a person authorised to carry out the procedure under section 40 of the Forensic Procedures Act 2000, is necessary in the circumstances; and the police officer or registered practitioner is satisfied as to the relevant matters in relation to the person.

For the purposes of subsection (1A)(c), the relevant matters in relation to a person are that – another person, who is not the Public Guardian and who is the person responsible for the person – has refused to consent to the carrying out of the intimate forensic procedure or non-intimate forensic procedure on the person; or is unavailable or inaccessible and his or her consent cannot be sought within a reasonable time; or there is no person responsible for the person who is not the Public Guardian; or it is not appropriate in the circumstances for the consent, of a person who is not the Public Guardian and who is a person responsible for the person, to be sought.

If a person is under the guardianship of the Secretary of the department administering the Children, Young Persons and Their Families Act 1997 pursuant to a care and protection order made under that Act, the Secretary of that department is, notwithstanding subsection (1), taken to be the person responsible for him or her.

The circumstances in which a person is to be regarded as having the care of another person include, but are not limited to, the case where the person, otherwise than for remuneration (whether from the other person or any other source), regularly – provides domestic services and support to the other person; or arranges for the other person to be provided with domestic services and support.

A person who resides in a hospital, nursing home, group home, boarding-house or hostel or any other similar facility at which he or she is cared for by some other person is not, by reason only of that fact, taken to be in the care of that other person and is taken to remain in the care of the person in whose care he or she was immediately before residing in the facility.

For the purposes of this section – a reference to a spouse is to be read as a reference to a spouse who is not under guardianship and with whom the relevant person has a close and continuing relationship; and a person is taken to be a close family member of another person if the person maintains both a close personal relationship with the other person through frequent personal contact and a personal interest in the other person's welfare; and where more than one person would qualify as a spouse, spouse means only the last person to so qualify; and a person is taken not to be a close family member if the person is receiving remuneration (whether from the person or some other source) for any services that he or she performs for the other person in relation to the person's care; and a reference to remuneration is to be read as not including a reference to a carer's pension; and the President may issue guidelines, not inconsistent with this section, specifying the circumstances in which a person is to be regarded as a close family member of another person.