Article 25 Transfer of guardianship on death, incapacity, etc. of guardian

If any personF1 (other than F2... an authorised F3HSC trust) having the guardianship of a patient received into guardianship under this Part—

the guardianship of the patient shall thereupon vest in the responsible authority, but without prejudice to any power to transfer the patient into the guardianship of another person by virtue of Article 28.

If any such person, not having given notice under paragraph (1)(b), is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the responsible authority or by any other person approved for the purpose by that authority.

If it appears to a county court, upon application made by an officer of the responsible authority, that any person (other than ... an authorised HSC trust) having the guardianship of a patient received into guardianship under this Part has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the responsible authority or to any other person approved for the purpose by that authority.

Where the guardianship of a patient is transferred to the responsible authority or any other person by or under this Article, Article 28(6) shall apply as if the patient had been transferred into the guardianship of that authority or person by virtue of that Article.

The responsible authority shall immediately notify F4RQIA of the transfer of guardianship of a patient by or under this Article.