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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 23

Transfer of guardianship in case of death, incapacity, etc., of guardian.

23.(1) If any person (other than a [Health and Social Services Board], having
the guardianship of a patient received into guardianship under this Part

(a)dies; or

(b)gives notice in writing to the responsible [Health and Social Services
Board] that he desires to relinquish the functions of guardian;

(2) If any such person, not having given notice under paragraph (b) of
sub-section (1), is incapacitated by illness or any other cause from
performing the functions of guardian of the patient, those functions may,
during his incapacity, be performed on his behalf by the responsible [Health
and Social Services Board] or by any other person approved for the purpose by
that [Board].

(3) If it appears to the county court, upon application made by an officer
appointed in that behalf by a [Health and Social Services Board], that any
person (other than a [Health and Social Services Board]) having the
guardianship of a patient received into guardianship under this Part has
performed his functions negligently or in a manner contrary to the interests
of the patient, the court may order that the guardianship of the patient be
transferred to the responsible [Health and Social Services Board] or to any
other person approved for the purpose by that [Board].

(4) Where the guardianship of a patient is transferred to a [Health and Social
Services Board] or other person by or under this section, sub-section (4) of
section thirty-one shall apply as if the patient had been transferred into the
guardianship of that [Board] or person by virtue of that section.

Regulations as to guardianship.



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© 1961 Crown Copyright

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