Civil Code (Cap. 16)
Civil Code (Cap. 16), article 188C
188C. (1) The provisions of this Sub-title shall be construed and
interpreted and every function, p ower, authority, discretion, d uty or
right conferred by this Sub-title or by any regulations made
thereunder shall be exercis ed in such manner that:
(a) the will of the person s ubject to guardianship is
respected and given effect to the maximum extent
possible;
(b) the welfare of the person subject to guardianship is
promoted and fostered;
(c) the means used f or the pur pos e of guar dianship s hall
be proportionate to the aims which they are intended to
achieve; and
(d) the freedom of choice and action of the person subject
to guardianship shall only be restricted when
necessary and only to an extent that is proportionate to
CIVIL CODE [CAP. 16. 83
the aim pursued.
(2) In the exercise of his obligations the guardian shall act in
the best interests of the person subject to guardianship and sh all:
(a) take appropriate measures t o provide the support that
the person subject to guar dianship may require in
exercising his legal capacity h imself insofar as this is
possible;
(b) consult with the person subject to guardianship and
take into account and respect the rights, will and
preferences of the person in sofar as this is possible;
(c) encourage the person subject to guardianship to
participate as far as possible in the life of the
community;
(d) encourage and assist the person subject to
guardianship to become capable of caring for himself
and for his property and of making responsible
judgements in respect of matters relating to his person
and property;
(e) protect the person subject to guardianship from
neglect, abuse or exploitation; and
(f) provide to the person subject to guardianship, as far as
possible, any assistive means as may be required for
the proper fulfilment of the obligations provided in
this sub-article.
(3) Subject to the limits imposed in the Guardianship Order or
by any other decision which the Guardianship Board may give fro m
time to time, a guardian may on behalf of a person subject to
guardianship sign and do all such things as are necessary to gi ve
effect to any functions or oblig ations vested in the guardian.
Power to make
regulations.
Added by:
XXIV .2012.3.
Amended by:
XIII.2026.30.
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.