Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 519F
519F. (1) If the Guardianship Board finds that there is just
cause for the appointment of a guardian it shall proceed to mak e
such appointment and the person so appointed as guardian shall
exercise all the functions, obligations and duties provided in
respect of guardians under Sub-title IA of Title VI of Book Fir st of
the Civil Code and under this Title.
(2) In determining whether or not a person is in need of a
guardian, the Board must consider whether the needs of the pers on
in respect of whom the application is made could be met by othe r
means less restrictive of the p erson’s freedom of will and acti on.
(3) Where the Board makes an order appointing a guardian in
respect of a person, the order must be as least restrictive of that
person’s freedom of decision and action as possible in the
circumstances.
(4) Where the Board makes an order appointing a guardian it
shall also order that a hearing for the review of the order sha ll be
held within a specified period, not being longer than two years , as
may be stipulated in the order:
150 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Cap. 16.
Provided that the Board may at any time of its own motion
or on the application of any pe rson mentioned in article 188A(3 ) of
the Civil Code hold a hearing to review the Guardianship Order.
(5) The Board shall through its Registrar notify the Registrar o f
the Court of V oluntary Jurisdiction of all Guardianship Orders
approved or revoked.
(6) The Registrar of the Board shall keep an updated register of
all Guardianship Orders approve d or revoked and of the terms
thereof.
(7) No information taken from the register mentioned in sub-
article (6) may be given by the Registrar, unless the Board wou ld
not have ascertained itself of the legitimate interest of the p erson
requesting the said information.
Persons eligible as
guardians.
Added by:
XXIV .2012.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.