PART 7PUBLIC GUARDIAN AND COURT VISITORS

Public Guardian

128Duty to notify the Public Guardian

1

Where a relevant authority is satisfied—

a

that a person with whom the authority is concerned lacks capacity in relation to a matter or matters relating to that person’s care, treatment, personal welfare or property and affairs,

b

that any of the powers of the court under section 113 ought to be exercised with respect to that matter or matters, and

c

that arrangements in that behalf have not been made and are not being made,

it is the duty of that relevant authority to notify the Public Guardian of the situation.

2

In this section a “relevant authority” means—

a

an HSC trust;

b

the Regional Board;

c

RQIA;

d

the managing authority of an independent hospital;

e

the managing authority of a care home.

3

In this section “a person with whom the authority is concerned” means—

a

in relation to an HSC trust, a person within the area of the trust;

b

in relation to the Regional Board, any person;

c

in relation to RQIA, any person;

d

in relation to the managing authority of an independent hospital or of a care home, an in-patient or resident in the hospital or care home.