GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 19 Review of guardians and managers

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 19

    (1)     The ACAT may at any time, on application or on its own initiative, hold a hearing to consider—

        (a)     whether an order appointing a guardian or manager should be—

              (i)     varied; or

              (ii)     revoked on the ground that the need for guardianship or management no longer exists; or

        (b)     whether a guardian or manager should be removed under section 31.

    (2)     The ACAT must review an order appointing a guardian or manager at least once every 3 years.

    (3)     The ACAT must review an order appointing a guardian for a person if—

        (a)     the guardian tells the ACAT under section 70A (6) that a consent to treatment is not to be renewed; or

        (b)     an advance consent direction made by the person is given to the ACAT under the Mental Health Act 2015

, section 27 (5).

    (4)     The ACAT must consider the suitability of a person as a replacement guardian or manager as soon as practicable after the person becomes a replacement guardian or manager.

    (5)     For this section:

        (a)"     order "includes an order registered under section 12 (Recognition of interstate etc guardians and managers); and

        (b)     an order registered under section 12 is taken to have been made when the order is registered.

    (6)     In this section:

"replacement guardian or manager" means a person who becomes a guardian or manager when—

        (a)     a previous guardian or manager dies; and

        (b)     the previous guardian or manager's appointment provides for the person to become the guardian or manager.