What are the differences between Mental Health Act procedures and the Guardianship Act?
The Mental Health Act provides for involuntary detention of patients in special cases where, for example, there is a risk of serious physical harm to the person or to others. Because such circumstances are often very urgent, the scheme for involuntary admission allows compulsory detention, containment and even treatment without any form of hearing until after the event. The Guardianship Act, on the other hand, requires a hearing to take place and an order to be made before any coercive action can be taken. The Guardianship Tribunal’s focus is not on balancing public interest with private rights but rather its sole concern is with the welfare, interests and rights of the person with the disability.
