Section 72(4) of the 1983 Act requires that where an application is made to the appropriate Tribunal by or in respect of a patient who is subject to guardianship, the Tribunal can direct that the patient be discharged if it is satisfied-
that the patient is not suffering from a mental disorder; or
that it is not necessary in the interests of the welfare of the patient, or for the protection of other persons, that the patient should remain under guardianship.
	The effect of this is that the patient should only be discharged if the patient can prove to the Tribunal that they do not continue to meet the guardianship criteria. The burden of proof is on the patient.
	Section 47 of the Act reverses the burden of proof so that it rests instead on the local authority responsible for the guardianship to show the Tribunal that the patient continues to meet the guardianship criteria. The effect of the amendment is that the patient should be discharged by the Tribunal unless the local authority can prove that the patient continues to meet the guardianship criteria. This supports the principle of least restriction.
	Section 47 amends section 72(4) of the 1983 Act to require that where application is made to the appropriate tribunal by or in respect of a patient who is subject to guardianship under section 7 or section 37, the tribunal can direct that the patient be discharged if it is not satisfied that-
the patient is suffering from a mental disorder or;
it is necessary in the interests of the welfare of the patient, or for the protection of other persons, that the patient should remain under guardianship.
Miscellaneous Section 47: Tribunal powers in guardianship cases: burden of proof