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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 22

Effect of guardianship application, etc.

22.(1) Where a guardianship application, duly made in accordance with section
twenty-one and forwarded to the [Health and Social Services Board] within the
period allowed by sub-section (2), is accepted by that [Board], the
application shall, subject to regulations, confer on the [Board] or person
therein named as guardian, to the exclusion of any other person, all such
powers as would be exercisable by them or him in relation to the patient if
they or he were the father of the patient and the patient were under the age
of fourteen years.

(2) The period within which a guardianship application is required for the
purposes of this section to be forwarded to the [Health and Social Services
Board] is the period of fourteen days beginning with the date on which
the patient was last examined by a medical practitioner before giving a
recommendation for guardianship for the purposes of the application.

(3) A patient placed under guardianship in pursuance of a guardianship
application may, subject to the provisions of this Act, be kept under
guardianship for a period not exceeding six months beginning with the day on
which the guardianship application was accepted, but shall not be so kept for
any longer period unless the authority for his guardianship is renewed under
this Part.

(4) A guardianship application which appears to be duly made and to be founded
on the necessary recommendations for guardianship may be acted upon without
further proof of the signature or qualification of the person by whom the
application or any such recommendation is made or given, or of any matter of
fact or opinion stated therein.

(5) If within the period of fourteen days beginning with the day on which a
guardianship application has been accepted by the [Health and Social Services
Board] the application, or any recommendation for guardianship, is found to be
in any respect incorrect or defective, the application or recommendation may,
within that period and with the consent of that [Board], be amended by the
person by whom it was signed; and where any such amendment is made the
application or recommendation shall have effect and shall be deemed always to
have had effect as if it had been originally made as so amended.

(6) A patient who is received into guardianship in pursuance of a guardianship
application may apply to the Review Tribunal within the period of six months
beginning with the day on which the application is accepted, or with the day
on which he attains the age of sixteen years, whichever is the later.

(7) Where a patient is received into guardianship in pursuance of a
guardianship application any previous application under this Part by virtue of
which he was subject to guardianship or liable to be detained in a hospital
shall cease to have effect.

© 1961 Crown Copyright

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