Protection of Personal and Property Rights Act 1988

12 Court may appoint welfare guardian

(1)

Subject to the succeeding provisions of this section, on an application for the exercise of a court’s jurisdiction under this Part, the court may make an order appointing a welfare guardian for the person in respect of whom the application is made in relation to such aspect or aspects of the personal care and welfare of that person as the court specifies in the order.

(2)

A court shall not make an order under subsection (1) unless it is satisfied—

(a)

that the person in respect of whom the application is made wholly lacks the capacity to make or to communicate decisions relating to any particular aspect or particular aspects of the personal care and welfare of that person; and

(b)

that the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to that particular aspect or those particular aspects of the personal care and welfare of that person.

(3)

A court may make an order under subsection (1) in respect of a person of the kind referred to in section 6(2) if, but only if,—

(a)

no parent or guardian of that person is then living; or

(b)

no parent or guardian of that person is in regular contact with that person, and the court is satisfied in all the circumstances that it would be in the interests of that person to appoint a welfare guardian for that person.

(4)

No person under the age of 20 years, and no body corporate, shall be appointed a welfare guardian under this section.

(5)

A court shall not appoint any person as a welfare guardian under this section unless it is satisfied—

(a)

that the proposed appointee is capable of carrying out the duties of a welfare guardian in a satisfactory manner, having regard to the needs of the person in respect of whom the application is made, and the relationship between that person and the proposed appointee; and

(b)

that the proposed appointee will act in the best interests of the person in respect of whom the application is made; and

(c)

that there is unlikely to be any conflict between the interests of the proposed appointee and those of the person in respect of whom the application is made; and

(d)

the proposed appointee consents to the appointment.

(6)

The court shall not appoint more than 1 welfare guardian for any person unless, in the exceptional circumstances of the case, the court is satisfied that it would be in the interests of that person to do so.

(7)

So far as is practicable in the circumstances, a court shall ascertain the wishes of the person in respect of whom the application is made when determining whom to appoint as welfare guardian under this section.

(8)

In any order under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the welfare guardian is required to apply to the court for a review of the order.

Section 12(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).