Guardianship — MRCPsych Paper B MCQ

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ModerateMental Health LawGuardianshipMRCPsych Paper B

An approved mental health professional is making a civil application for a 46-year-old patient to be received into guardianship following two medical recommendations. The patient is not subject to criminal proceedings or a court disposal. Under which section of the Mental Health Act 1983 is the guardianship application made?

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Correct answer: E — Section 7

The correct answer is **B, section 7**. Section 7 provides the civil procedure by which an approved mental health professional or nearest relative may apply for a patient to be received into guardianship, supported by medical recommendations. Guardianship can require residence at a specified place, attendance at specified places and access by relevant professionals, but it does not itself authorise treatment without consent or deprivation of liberty. Section 37 is the strongest distractor because a criminal court may make a guardianship order under that section; the stem expressly excludes this route. Section 3 concerns detention for treatment, section 17A provides for community treatment orders, and section 47 authorises transfer of sentenced prisoners to hospital.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, chapters 30–31, 2015. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF