# CTO concurrent with guardianship?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037>\
**Category:** Mental Health Act\
**Tags:** guardianship, cto\
**Created:** [24 January 2026 06:53 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037 "2026-01-24T06:53:24Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![amod](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/0ea827/32.png) [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\
**Post date:** [24 January 2026 06:53 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037/1 "2026-01-24T06:53:24Z")

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A patient with long standing psychosis who although has a council flat can sleep rough and can go to various locations in Uk. Putting P’s own health at risk . P has psychosis and does this under the influence of this. P gets admitted under a section but on discharge again stops meds . Considering CTo.P not happy to go to warden assisted accommodation can a sec 7 guardianship run in parallel to a CTO ? I know DOLS can. Any suggestions

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [24 January 2026 12:45 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037/2 "2026-01-24T12:45:27Z")

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CTO and Guardianship cannot run together, because if P is subject to a CTO, applying Guardianship would have the effect of ending the underlying s.3 (and so also the CTO); see [s.8](https://www.mentalhealthlaw.co.uk/MHA_1983_s8)(5). Similarly, if P is subject to Guardianship and s.3 is applied, the Guardianship would end; see [s.6](https://www.mentalhealthlaw.co.uk/MHA_1983_s6)(4).