What is Guardianship?
Guardianship is a legal relationship between a person who has a disability or a mental disorder and another person called the Guardian. The purpose of Guardianship is to provide support to the person in managing their own affairs and to advocate for their rights and best interests.
A Guardian is a person who is appointed by the Guardianship Board to manage the affairs of another person who is not capable of managing their affairs due to disability or mental disorder. The Guardian may be given the authority to manage personal and/or financial matters. There may be more than one Guardian representing a person.
Guardianship Orders are characterized by a respect for and consideration of the aspirations of the person subject to guardianship and promotion of the well-being of the person. The law delineates that the parameters of guardianship orders should be in line with the aims that are intended to be achieved and freedom of choice and action of the person subject to guardianship should only be restricted when necessary and only to an extent that is proportionate to the aim pursued.
Type of Powers
The types of decisions that are to be taken on behalf of the adult person will determine the
powers that are needed, such as:
Personal Welfare
Powers in relation to making welfare decisions for the adult person.
Financial
Powers in relation to the finances belonging to the adult person
Property Management
Powers in relation to the administration of immovable property belonging to the adult person
Powers, if required can be applied for separately but generally they are made together within the
same application to the Guardianship Board.
Who can be a Guardian?
A legally appointed Guardian must
- Be at least 18 years of age
- Be resident in Malta
- Consent to act as Guardin to the person about whom the application is being made.
- Not be in a position where their own interests conflict with the best interests of the
represented person - Be prepared to act in the persons best interests at all times and encourage the persons
independence, personal decision-making and participation in community life
A Guardian can be a family member or close friend.
Functions and Obligations of the Guardian
Guardians assist people in making personal, lifestyle, financial and health-related decisions and may act on behalf of the person in order to safeguard their interests. Guardianship orders specify the areas in which the Guardian can make decisions.
The ‘guardian’ is obliged to act in the best interests of the person subject to guardianship and be responsible to safeguard the personal and proprietary well-being of the person to whose guardianship he/she is appointed. Guardians can act instead of the person in matters of personal or proprietary nature and do any other thing for or on behalf of the person to whose guardianship they are appointed. In addition, the Guardian is expected to:
1. Provide the support required to the person subject to guardianship in exercising legal
capacity in so far as this is possible
2. Consult with the person subject to guardianship and take into account and respect the
rights, will and preferences of the person in so far as this is possible
3. Encourage the person to participate as far as possible in the life of the community
4. Encourage and assist the person subject to guardianship to become capable of caring
for oneself and one’s property and make responsible judgments in matters related to
one’s person and property
5. Protect from neglect, abuse or exploitation
6. Provide assistive means as required for the fulfillment of the above
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Frequently Asked Questions
Guardianship is a legal relationship between a person who has a disability or a mental disorder and another person called the Guardian. The purpose of Guardianship is to provide support to the person in managing their own affairs and to advocate for their rights and best interests.
A Guardian is a person who is appointed by the Guardianship Board to manage the affairs of
another person who is not capable of managing their affairs due to disability or mental disorder. The Guardian may be given the authority to manage personal and/or financial matters. There may be more than one Guardian representing a person.
Guardians assist people in making personal, lifestyle, financial and health-related decisions and may act on behalf of the person in order to safeguard their interests. Guardianship orders specify
the areas in which the Guardian can make decisions.
The law presumes that an adult eighteen years of age or older is capable of handling his/her own
affairs. A Guardian may be appointed to help or serve as a substitute decision-maker if a person
has a disability or mental disorder, such that it prevents the adult from making or communicating
responsible decisions about their personal affairs.
A person applies for Guardianship by filling in an application form that can be obtained from the
office of the Registrar of the Guardianship Board.
According to law (Article 189(3) of the Civil Code and Article 521 of the Code of Organization and
Civil Procedure), the request for Guardianship can be made by:
- any person with a disability or mental disorder who wishes to have a Guardian appointed
- spouses of persons with disability or mental disorder
- relatives of persons with disability or mental disorder
- the Attorney General, unless the demand is made by any other person
A legally appointed Guardian must:
- be at least 18 years of age
- be resident in Malta
- consent to act as Guardian to the person about whom the application is being made
- be prepared to act in the person's best interests at all times and encourage the person's
independence, personal decision-making and participation in community life - not be in a position where their own interests conflict with the best interests of the
represented person
A Guardian can be a family member or close friend.
Every case shall be heard not later than thirty (30) days commencing on the day it is filed before
the Board. A decision will be taken within a reasonable time.
No; the Guardianship Board does not charge any fees for applications.
All Guardianship orders are periodically reviewed by the Guardianship Board and the review date
is stipulated in the order itself.
A review may be conducted sooner if someone with an interest in the represented person applies
to the Guardianship Board for a review of the order, or if the Guardian:
- dies
- applies to be discharged from the agreed responsibilities
- is no longer able to fulfill the agreed responsibilities
- is found guilty of neglect or misconduct which in the Guardianship Board’s view, makesthem no longer appropriate to act as Guardian
The powers of a Guardian cease upon the death of the person they represent.
Frequently Asked Questions
What is Guardianship?
Guardianship is a legal relationship between a person who has a disability or a mental disorder and another person called the Guardian. The purpose of Guardianship is to provide support to the person in managing their own affairs and to advocate for their rights and best interests.
What is a Guardian?
A Guardian is a person who is appointed by the Guardianship Board to manage the affairs of
another person who is not capable of managing their affairs due to disability or mental disorder. The Guardian may be given the authority to manage personal and/or financial matters. There may be more than one Guardian representing a person.
What does a Guardian do?
Guardians assist people in making personal, lifestyle, financial and health-related decisions and
may act on behalf of the person in order to safeguard their interests. Guardianship orders specify
the areas in which the Guardian can make decisions.