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The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

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Procedure for and acceptance of guardianship applications

9.—(1) For the purposes of applying for guardianship under section 7—

(a)an application for guardianship must be in the form set out—

(i)where made by the nearest relative, in Part 1 of Form GU 1,

(ii)where made by an approved mental health professional, in Part 1 of Form GU 2;

(b)where a person named as guardian will be a private guardian, the statement by that person that he or she is willing to act must be in the form set out in Part 2 of Form GU 1 or, as the case may be, Part 2 of Form GU 2;

(c)any medical recommendation must be in the form set out —

(i)in the case of a joint recommendation, in Form GU 3,

(ii)in any other case, in Form GU 4.

(2) For the purposes of any medical recommendation under section 7 in the case of—

(a)a single recommendation made in respect of a patient whom a doctor has examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(b)joint recommendations made in respect of a patient whom both doctors have examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(c)joint recommendations made in respect of a patient whom one doctor has examined in Wales and one doctor has examined in England, the medical recommendation must either be in the form required by these Regulations or in the form required by Regulations made by the Secretary of State to similar effect for England.

(3) Where an application made under section 7 is accepted by the responsible local social services authority it must record its acceptance of the application in the form set out in Form GU 5, which must be attached to the application.

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