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Guardianship under the 1983 mental health act: A study on its use in cheshire

K. R. Evans

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Abstract

There has been much discussion about 'guardianship’ under the 1983 Mental Health Act recently and the following article reviews the use of guardianship in one particular local authority, Cheshire. Based on a retrospective analysis of 14 cases, the article is intended to demonstrate the practice issues involved, examining the reasons why guardianship was pursued and how successful or otherwise it proved to be. The resource and legal implications of guardianship as a viable alternative to hospital admission are also explored. Whilst scarce resources do present real limitations to the usefulness of guardianship, the article concludes that the legal limits to the powers in guardianship are probably about right and that guardianship, as it is presently defined, can provide a useful and realistic framework for supporting people suffering from mental disorder in the community.

About this research paper

What this paper is about

There has been much discussion about 'guardianship’ under the 1983 Mental Health Act recently and the following article reviews the use of guardianship in one particular local authority, Cheshire. Based on a retrospective analysis of 14 cases, the article is intended to demonstrate the practice issues involved, examining the reasons why guardianship was pursued and how successful or otherwise it proved to be. The resource and legal implications of guardianship as a viable alternative to hospital admission are also explored. Whilst scarce resources do present real limitations to the usefulness of guardianship, the article concludes that the legal limits to the powers in guardianship are probably about right and that guardianship, as it is presently defined, can provide a useful and realistic framework for supporting people suffering from mental disorder in the community.

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Available abstract

There has been much discussion about 'guardianship’ under the 1983 Mental Health Act recently and the following article reviews the use of guardianship in one particular local authority, Cheshire. Based on a retrospective analysis of 14 cases, the article is intended to demonstrate the practice issues involved, examining the reasons why guardianship was pursued and how successful or otherwise it proved to be. The resource and legal implications of guardianship as a viable alternative to hospital admission are also explored. Whilst scarce resources do present real limitations to the usefulness of guardianship, the article concludes that the legal limits to the powers in guardianship are probably about right and that guardianship, as it is presently defined, can provide a useful and realistic framework for supporting people suffering from mental disorder in the community.

Key concepts: Legal guardian, Mental health, Guardian, Medicine, Resource (disambiguation), Psychology, Law, Psychiatry

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