GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32 Surviving or substitute guardians etc

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32

    (1)     If a person ceases to be a joint guardian (whether by death or otherwise)—

        (a)     the surviving guardian becomes the sole guardian; or

        (b)     if there are 2 or more surviving guardians—the survivors become joint guardians.

    (2)     If a person ceases to be a joint manager of property (whether by death or otherwise)—

        (a)     the surviving manager becomes the sole manager of the property; or

        (b)     if there are 2 or more surviving managers—the survivors become joint managers of the property.

    (3)     If the public trustee and guardian becomes aware that there is no longer a guardian for a person, but not because of—

        (a)     the revocation by the ACAT of the order appointing the person as guardian; or

        (b)     the removal by the ACAT of the person as guardian;

the public trustee and guardian must give the ACAT written notice of the fact.

    (4)     If the notice indicates that the public trustee and guardian or a person stated by the public trustee and guardian will act as guardian, the notice is taken to be an application for the appointment of the public trustee and guardian or person as the guardian.

    (5)     If the public trustee and guardian becomes aware that there is no longer a manager of a person's property, but not because of—

        (a)     the revocation by the ACAT of the order appointing the person as manager; or

        (b)     the removal by the ACAT of the person as manager;

the public trustee and guardian must give the ACAT written notice of the fact.

    (6)     If the notice indicates that the public trustee and guardian or a person stated by the public trustee and guardian has consented to act as manager, the notice is taken to be an application for the appointment of the public trustee and guardian or person as the manager.