Cap. 12 Art. 519GPersons eligible as guardians.

(1) The Board may appoint as a guardian any person who has attained the age of 18 years, is ordinarily resident in Malta and consents to act as such if the Board is satisfied that such person:

(a) is in a position to be able to perform 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; and

(b) will act in the best interests of the person subject to guardianship; and

(c) is not in a position where his interests conflict or may conflict with the interests of the person subject to guardianship, in that, such interest shall be communicated to the Board as soon as it is known or is suspected that it exists; and

(d) is not a Minister, a Parliamentary Secretary or a member of the House of Representatives or Mayor or Councillor in a Local Council; and

(e) is not legally incapacitated or interdicted; and

(f) is not subject to guardianship; and

(g) has not been declared bankrupt; and

(h) has not been convicted of a crime affecting public trust or of theft or fraud or misappropriation, or of knowingly receiving property obtained by theft or fraud, or of a crime affecting the good order of families: Provided that the Board may appoint joint guardians of the person subject to guardianship each of whom shall perform such functions, obligations and duties as the Board may determine.

(2) In determining whether a person is suitable to act as the guardian of a person subject to guardianship, the Board shall take into account the wishes of the person in relation to whom an application for guardianship has been filed, the desirability of preserving existing family and social relationships and the compatibility of the person proposed as guardian with the person subject to guardianship.

(3) A guardian is not entitled to receive any fee, remuneration or other reward for acting as such unless the Board otherwise specifies in the order appointing the guardian.

(4) Where it appears to the Board that a proposed guardian, even if temporary, or a person appointed to act as a guardian does not fulfil the requirements of sub-article (1) for appointment as guardian, it may appoint any other person suitable to act as guardian.

(5) The Board may also order the substitution of a guardian at any time during the term of a Guardianship Order for good and sufficient cause.