Abstract

This is a follow-up of 24 cases of guardianship orders, and demonstrates how they can be used in practice for complex cases and highlights practical problems with the process of guardianship. Results showed that orders were generally applied to elderly females with dementing illness living alone. Many orders resulted in a move to residential care where the orders were often left to lapse within six months. Occasionally orders needed continuous renewal and here the process was often haphazard and disorganised. However, guardianship was used to coordinate and facilitate multi-disciplinary care. Difficulties have since been identified and improvements in organisation are discussed.

Highlights

  • This ¡sa follow-up of 24 cases of guardianship orders, and demonstrates how they can be used in practice for complex cases and highlights practical problems with the process of guardianship

  • Guardianship (Mental Health Act 1983, Section 7) is a way of providing community care within a legal framework where it cannot be provided without the use of compulsory powers

  • It provides three main powers: to specify a place of residence, to attend for treatment and to require access to that residence. It is rarely used in comparison with other sections of the Mental Health Act (Department of Health, 1995) as the C"uonddeeorsftPanradctiacnedstcipounlsaetnets" tthoatthetheaupthaotireintyt hoafsthteo gthuearAdicatn,caannndot abney dacocneess"ftoorcaibrleys"i.dIetncheasunbdeeenr argued that these powers are unenforceable (Gunn, 1986)

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Summary

Catherine Gordon

This ¡sa follow-up of 24 cases of guardianship orders, and demonstrates how they can be used in practice for complex cases and highlights practical problems with the process of guardianship. Guardianship (Mental Health Act 1983, Section 7) is a way of providing community care within a legal framework where it cannot be provided without the use of compulsory powers It provides three main powers: to specify a place of residence, to attend for treatment and to require access to that residence. In addition guardianship orders do not release any funds to provide a more concerted and coordinated package of care for those with mental health needs in the commu nity. These factors may account for its relatively low usage

The study
How these powers were used in practice
Difficulties with guardianship
Conclusion
Using the Mental Health Act
Full Text
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