Guardianship in Malta: When a Power of Attorney Is Not Possible

A Power of Attorney allows a person to authorise another person to act on their behalf. However, the person granting the Power of Attorney must have the necessary capacity to understand and give that authority.

Therefore, if a person no longer has the mental capacity to grant a Power of Attorney, a Notary cannot simply prepare a Power of Attorney for a relative to sign on that person’s behalf.

What is Guardianship?

In such circumstances, Guardianship may provide a legal solution.

Guardianship is a legal relationship between a person with a disability or mental disorder and a person appointed as their Guardian. The Guardianship Board may grant the Guardian powers relating to the person’s personal welfare, finances and/or property, according to the Guardianship Order.

The purpose of Guardianship is to provide the necessary support and representation while respecting, as far as possible, the person’s rights, wishes and preferences.

Power of Attorney or Guardianship?

In simple terms:

• Power of Attorney: the person has the necessary capacity to grant authority and chooses to authorise another person to act on their behalf.
• Guardianship: the person is unable to manage certain aspects of their affairs and requires a Guardian to be appointed with the necessary legal powers.

If a family member is no longer capable of granting a Power of Attorney, Guardianship may therefore need to be considered instead.

Can I apply for Guardianship?

Applications for Guardianship are made to the Guardianship Board. The Board’s official website provides information on who may apply, the application process and the required medical report.

Find out more and apply for Guardianship through the official Guardianship Board website

The Guardianship Board also provides assistance to persons who require guidance regarding the application process.

Regards,
Dr Clara Farrugia Grixti
Notary Public, Malta.