FAQs

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.

No; the Guardianship Board does not charge any fees for applications.

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.

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.

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 person applies for Guardianship by filling in an application form that can be obtained from the
office of the Registrar of the Guardianship Board.