Supervision of guardians

I1I217Supervision of guardians by the Public Guardian

1

Section 58 of the Mental Capacity Act 2005 (functions of the Public Guardian) is amended as follows.

2

After subsection (2) insert—

2A

The Public Guardian also has the following functions—

a

establishing and maintaining a register of guardianship orders,

b

supervising guardians,

c

receiving security which the court requires a guardian to give for the exercise of the guardian's functions,

d

receiving reports from guardians,

e

reporting to the court on such matters relating to proceedings under the Guardianship (Missing Persons) Act 2017 as the court requires,

f

dealing with representations (including complaints) about the way in which a guardian is exercising the guardian's functions, and

g

publishing, in any manner the Public Guardian thinks appropriate, information about the exercise of his or her functions in connection with guardians and guardianship orders.

3

In subsection (3), after “this Act” insert “ or the Guardianship (Missing Persons) Act 2017 ”.

4

In subsection (4)—

a

in paragraph (a), after “court” insert “ or guardians ”, and

b

after paragraph (f) insert—

g

the making of reports to the Public Guardian by guardians.

5

In subsection (5), after “functions” insert “ in relation to lasting powers of attorney or deputies ”.

6

After subsection (6) insert—

7

In this section “guardian” and “guardianship order” have the same meaning as in the Guardianship (Missing Persons) Act 2017.