Guardianship
Civil SectionsWhat this section does
Places you under the care of a guardian — usually your local authority — while you continue living in the community. The guardian can require you to live at a particular place and to attend appointments for medical treatment, training or work, but cannot force you to have treatment or physically detain you.
Who it applies to
People aged 16+ with a mental disorder who need help and supervision in the community rather than hospital.
Your rights
You cannot be made to accept treatment under guardianship. You can apply to the Mental Health Tribunal, and your nearest relative can too. You also qualify for an Independent Mental Health Advocate (IMHA).
Time limits
Lasts up to 6 months, renewable for a further 6 months and then for periods of 12 months.
How to challenge it
Apply to the First-tier Tribunal (Mental Health) within the first 12 months, and then once in each period. Your nearest relative can also discharge you from guardianship.
Key cases
Challenges are rare; most disputes about who may act as nearest relative are resolved under Section 29 (displacement).
Last updated: 9/13/2026