Civil Code (Cap. 16), article 188A

188A. (1) Notwithstanding the provisions of Sub-title II on Interdiction and Incapacitation, a major who has a mental disor der or other condition, which renders him incapable of taking care of his own affairs may be subject to guardianship; and notwithstanding the provisions of Sub-title II on Interdiction and Incapacitation, to the extent possible, the parents of a person of age, with disability, with a mental disorder and with another condition, which makes such person incapable of taking care of his or her affairs, shall first seek to place the person with disab ility under guardianship before seeking the interdiction or incapacit ation of that person. (2) The same shall apply in reg a r d t o a m i n o r r e f e r r e d t o i n article 156. Cap. 12. (3) The demand for the appointment of a guardian or of joint guardians may be made by any person who voluntarily wishes to b e made subject to guardianship or by any person mentioned in arti cle 189(3) of this Code or in article 521 of the Code of Organization and Civil Procedure . 82 [CAP. 16. CIVIL CODE Cap. 12. (4) If in any civil proceedings the Court considers that a party may need to be subject to guardianship, the Court shall refer t he matter to the Guardianship Boar d established under Title IIIA o f Part II of Book Second of the Code of Organization and Civil Procedure for its determination. (5) For the purposes of this Sub-title unless the context otherwise requires, the terms " mental disorder" and "other condition" shall have the same meaning as assigned to them in article 189(4): Cap. 413 "disability" shall have the same meaning as assigned to it in t he Equal Opportunities (Persons with Disability) Act ; Cap. 525. "mental disorder" shall have the same meaning as assigned to it in the Mental Health Act : Provided that any reference in such definitions to "disability of mind" or to "arrested or incomplete development of mind" shall not be construed as a reference to a mental disorde r for the purposes of this Sub-title. Functions of guardian. Added by: XXIV .2012.3.