Keyword Analysis & Research: mca 2019 guardianship

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Frequently Asked Questions

Can a person be subject to guardianship under the Mental Health Act?

For example, where a person is subject to guardianship under the Mental Health Act, an authorisation could not be granted under Schedule AA1 which provided for a person to reside in a different place to that specified by the guardian. Part 1 of Schedule 2 to the Act makes a number of minor and consequential amendments to the MCA.

What is guardianship and how does it work?

Guardianship has emerged as a permanency option for a child who has been placed in out-of-home care as it creates a legal relationship between a child and caregiver that is intended to be permanent and self-sustaining and can provide a permanent family for the child without the necessity of terminating the parents' parental rights.

How is the delivery of care governed by the MCA?

The delivery of the person’s care and treatment would be governed by section 5 of the MCA. Schedule AA1 could be used to authorise arrangements which enable that care or treatment to be given.

Can a family member become a permanent guardian of a child?

This publication reviews State laws and policies that allow a family member or other person with close ties to a child who has been placed in out-of-home care to become that's child's permanent guardian.

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