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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 519FAppointment of guardian.

Title III A

In forceOfficial text

(1) If the Guardianship Board finds that there is just cause for the appointment of a guardian it shall proceed to make such appointment and the person so appointed as guardian shall exercise all the functions, obligations and duties provided in respect of guardians under Sub-title IA of Title VI of Book First of the Civil Code and under this Title.

(2) In determining whether or not a person is in need of a guardian, the Board must consider whether the needs of the person in respect of whom the application is made could be met by other means less restrictive of the person’s freedom of will and action.

(3) Where the Board makes an order appointing a guardian in respect of a person, the order must be as least restrictive of that person’s freedom of decision and action as possible in the circumstances.

(4) Where the Board makes an order appointing a guardian it shall also order that a hearing for the review of the order shall be held within a specified period, not being longer than two years, as may be stipulated in the order: Provided that the Board may at any time of its own motion or on the application of any person mentioned in article 188A(3) of the Civil Code hold a hearing to review the Guardianship Order.

(5) The Board shall through its Registrar notify the Registrar of the Court of Voluntary Jurisdiction of all Guardianship Orders approved or revoked.

(6) The Registrar of the Board shall keep an updated register of all Guardianship Orders approved or revoked and of the terms thereof.

(7) No information taken from the register mentioned in sub-article (6) may be given by the Registrar, unless the Board would not have ascertained itself of the legitimate interest of the person requesting the said information.

Amendment history
  • Amended by XXIV.2012.5