Wattis J P, Grant W, Traynor J, Harris S
St Jame's University Hospital, Leeds.
Med Sci Law. 1990 Oct;30(4):313-6. doi: 10.1177/106002809003000406.
The powers of guardianship under the 1983 Mental Health Act confer on the guardian powers to require the patient to reside in a specified place, to require attendance for treatment and to require access to the patient for appropriate health and social services personnel. This paper presents a descriptive study and analysis of the use of guardianship over a 5-year period in four geographical areas. Cases were collected retrospectively from a variety of sources and scrutinized systematically. Three cases of guardianship for mental impairment were excluded from the analysis leaving 23 patients with mental illness. All but two of the patients were female. Older patients, mostly with dementia, accounted for three-quarters of the sample and the majority of orders in this group were to require residence in an old people's home (usually with an apparently good outcome), though three were intended to facilitate home care. In most of the younger patients a functional psychiatric illness was diagnosed and powers were used to maintain the patient at home. The absence of a specific 'power to convey' needs to be resolved for elderly patients needing residential care. The use of guardianship orders to maintain older patients in the community needs further exploration.
1983年《精神健康法》赋予监护人的监护权包括要求患者居住在指定地点、要求患者接受治疗以及要求适当的医疗和社会服务人员接触患者。本文对四个地理区域五年期间监护权的使用情况进行了描述性研究和分析。病例是从各种来源回顾性收集的，并进行了系统审查。分析中排除了三例因精神障碍设立监护权的案例，剩下23例患有精神疾病的患者。除两名患者外，其他均为女性。老年患者（大多患有痴呆症）占样本的四分之三，该组中的大多数监护令是要求患者居住在养老院（通常效果明显良好），不过有三项监护令旨在促进居家护理。在大多数年轻患者中，诊断出患有功能性精神疾病，监护权用于让患者居家。对于需要住院护理的老年患者，缺乏具体的“移送权”这一问题需要解决。使用监护令让老年患者留在社区还需要进一步探讨。
