The purpose of guardianship is to provide a protective legal framework to support people with mental health conditions to receive care outside of mental health hospitals.
The guardian is usually a local authority, such as us (West Sussex County Council).
By law, the AMHP carrying out your assessment will consult your nearest relative, who will need to approve the guardianship application in order for it to go ahead.
If your nearest relative does not approve the guardianship application and there is no alternative, it may be necessary for the AMHP to consider applying to the county court to change your nearest relative.
A guardianship order lasts for up to six months, but it can be renewed if necessary. Any decisions your guardian makes take priority over the decisions of anyone with legal authority under the Mental Capacity Act 2005. The guardian can decide that you will:
• live in a particular place;
• go to a particular place for treatment or to attend work or training; and
• meet with specified professionals, such as a doctor or an AMHP, at the place where you are living.
If you want to appeal against the guardianship, you will have to write to our Director of Adult Social Services (DASS) for permission to do this. See 'How can I make a complaint?' for details. Or, you can appeal to an independent mental health tribunal. Your nearest relative can also appeal against the guardianship order if they feel it is no longer needed.
If you have a guardianship order under section 7 of the act, you have the right to free representation from IMHA. See 'Who will arrange my hospital place?' for more information.