Once the Order is Granted
The Guardianship Order
When the Guardianship Board appoints a Guardian, a Guardianship Order is issued. The Court of Voluntary Jurisdiction is notified of this Order.
Normally financial institutions, such as banks will request to see this before any transactions are made on behalf of the adult. If you experience any difficulty in using your Order, please contact us.
It is the responsibility of the guardian to keep the Guardianship Order in a safe place.
Decisions taken by the Guardianship Board can be appealed through the Court of Voluntary Jurisdiction.
An appeal should be filed not later than twenty days from the date of the decision of the Board.
A guardian who receives monies or other property due to the person subject to guardianship is obliged to keep a separate account and record of such monies or other property.
A guardian has to submit to the Board, a yearly income and expenditure account confirmed on oath in respect of the guardianship.
Interdiction and Incapacitation Orders
Interdiction and incapacitation orders can be converted to Guardianship orders. This can be done by submitting a request to the court of Voluntary Jurisdiction. The Court may consult with the Guardianship board as necessary or refer the matter to the Board for its determination. If there are insufficient grounds for the conversion to be made, the court of Voluntary Jurisdiction is notified and the interdiction or incapacitation remains in force.
If there are sufficient grounds for the conversion to be made, a guardianship order is issued and the court of Voluntary Jurisdiction is notified. The court of Voluntary Jurisdiction revokes the interdiction or incapacitation. It is advisable to seek the assistance of a lawyer if you would like to submit a request for a conversion to the court of Voluntary Jurisdiction.
Revocation of Orders
Any person can make a request to the Guardianship Board to revoke a guardianship order. After due consideration, the Board may revoke a guardianship order if:
The cause which gave rise to the guardianship has ceased to exist; or
There is good and sufficient cause to revoke such guardianship
When a person subject to guardianship dies, the guardian has to report the death to the board not later than a maximum of (2) two weeks from the demise of the person. Guardianship orders
cease when a person subject to guardianship dies.