There are 2 main routes to the termination of the regime of guardianship :
Firstly, where (see s66(1)(c) Mental Health Act) a patient is received into guardianship in pursuance of a guardianship application an application may be made to a Mental Health Review Tribunal within the relevant period by the patient, and for guardianship patients, the relevant period means six months beginning with the day on which the application is accepted.
Secondly, the nearest relative has an absolute right of discharge – see s23 Mental Health Act, which deals with discharge of patients. A patient subject to guardianship shall cease to be so subject if an order is made in writing discharging him or her from guardianship, so long as it is done in accordance with the section’s procedural requirements.
An order for discharge may be made in respect of a patient subject to guardianship, by the responsible medical officer, by the responsible local social services authority or by the nearest relative of the patient.
There are no restrictions on the nearest relative’s power of discharge, as there are where discharge from detention is sought; but there is always the possibility of a s29 displacement application being made which would scotch the nearest relative’s power of discharge. One of the grounds for such an application is the likelihood of the nearest relative’s using this power without due regard to the welfare of the patient or the public interest.
Thirdly, there is the straightforward route of expiration. Guardianship orders last for six months unless renewed by the local authority in question – see >s20 Mental Health Act.
Related question:
>Can the patient who finds him or herself placed under the regime of guardianship, or someone who is not his or her nearest relative, challenge it in any other way?