(1) A person with mental disorder who is unable to manage that person's personal affairs because of the mental disorder shall be protected in matters such as finances, business, occupation, marriage, the right to found a family, the right to treatment of choice, testamentary capacity and other legal issues for the benefit of that person.

(2) Family members or a social welfare officer may apply to the court for the appointment of a guardian and on the assessment by a clinical team of mental health professionals including a psychiatrist, the appointment may be made.

(3) Where it is believed that that person's affairs are being managed by others in a detrimental way due to that person's apparent lack of mental capacity, an application may be made to the court for the appointment of a guardian.

(4) Where, after an application to the court, a person is found to be lacking in mental capacity on examination by a clinical team of mental health professionals including a psychiatrist and the court finds the person not competent in the matters referred to in subsection (1), the court shall appoint a guardian for the personal protection of that person.

(5) A person for whom a guardian is being appointed has the right, in person or through a representative, to contest the application for the guardianship.

(6) A guardian shall consult with the incapacitated person where possible and is responsible for taking treatment, financial and any other welfare decisions on behalf of the incapacitated person using a high standard of substituted judgement.

(7) In case of death, incapacitation or absence of the guardian, a family member or social welfare officer shall apply to the court for the appointment of a guardian.

(8) The guardianship of a person with mental disorder shall always be a last resort.