Less restrictive alternatives
The appointment of a guardian or administrator is regarded as a ‘last resort’ option.The Board will not make an order unless there is a clear and demonstrated need for the appointment and there are no other less restrictive alternative means available.
Some examples of the type of less restrictive alternatives which may exist are outlined below, but if you are unsure about identifying less restrictive alternatives then please conact the Board's Office.
The Board has identified a number of less restrictive alternatives to formal guardianship - some of these are:-
- if a person requires medical treatment, consent may be given by his or her ‘person responsible’ eg. spouse, carer or close friend or relative or in some cases may not be needed at all.
- the person requires supported accommodation in a nursing home and the person’s family, friends, carer and service providers agree it is the only viable option.
- the use by Board staff and the Public Guardian of alternative dispute resolution (ADR) techniques, to resolve guardianship disputes prior to a hearing eg. intervention by the Public Guardian to mediate accommodation issues.
The Board has identified a number of less restrictive alternatives to formal administration - some of these are:-
- the person may have the capacity to execute an enduring power of attorney to manage his or her financial affairs.
- some nursing and group homes operate trust accounts for the benefit of residents. Pension income is paid directly into the trust account at the home and managed by senior staff.
- a person who is a joint signatory to a bank account may continue to operate that account for the benefit of the person with a disability e.g. to pay nursing home fees and comfort payments.
- banks may allow funds to be used to purchase a pre-paid funeral for a person with a disability, exhausting the account and enabling it to be closed.
