# Can Guardianship and CTO run at the same time?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208>\
**Category:** Mental Health Act\
**Tags:** guardianship, cto\
**Created:** [8 September 2022 10:56 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208 "2022-09-08T10:56:49Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Beatrice](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/e9c0ed/32.png) [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\
**Post date:** [8 September 2022 10:56 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208/1 "2022-09-08T10:56:49Z")

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If a patient is on CTO can they be put on guardianship at the same time? I have been asked this question but not even sure where to find the answer in Jones.

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**Author:** ![jonesrm](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/46a35a/32.png) [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\
**Post date:** [8 September 2022 11:27 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208/2 "2022-09-08T11:27:03Z")

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Reception into guardianship extinguishes the s.3 upon which the CTO is based: see s.8(5). So the answer is no. See p.85 of the 24th edition of the MHA Manual.

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**Author:** ![LWILSON](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/l/8797f3/32.png) [@LWILSON](https://forum.mentalhealthlaw.co.uk/u/LWILSON)\
**Post date:** [8 September 2022 11:42 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208/3 "2022-09-08T11:42:14Z")

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Hi Beatrice, the answer is in s.8(5) of the MHA. Acceptance into guardianship will bring any pre-existing s.3 to an end, and it would also therefore automatically end any CTO made in relation to the patient (s.17(C)(c))

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [8 September 2022 11:48 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208/4 "2022-09-08T11:48:52Z")

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The similarity between the two posts above can partly be explained by their correctness, and partly by the fact that posts from new users are held for moderation before publication and so can be written earlier but appear later than other posts 🙂

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**Author:** ![Beatrice](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/e9c0ed/32.png) [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\
**Post date:** [9 September 2022 09:32 UTC](https://forum.mentalhealthlaw.co.uk/t/can-guardianship-and-cto-run-at-the-same-time/1208/5 "2022-09-09T09:32:51Z")

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thank you so much for your invaluable advise. I have looked it up and you are correct.