Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if the ACAT is satisfied that—
(a) someone has impaired decision-making ability in relation to a matter relating to the person's health or welfare; and
(b) while the person has the impaired decision-making ability—
(i) there is, or is likely to be, a need for a decision in relation to the matter; or
(ii) the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person's health, welfare or property; and
(c) if a guardian is not appointed—
(i) the person's needs will not be met; or
(ii) the person's interests will be significantly adversely affected.
Note 1 See s 8C in relation to appointment of a guardian for a child.
Note 2 A person's needs may be met, or the person's interests protected, under an enduring power of attorney (see Powers of Attorney Act 2006 ).
(2)
The ACAT may, by order, appoint a guardian for the person, with
the powers that the ACAT is satisfied are necessary or desirable to make
decisions for the person in accordance with the
decision-making principles.
Note The powers that may be given to a guardian are restricted under s 7B.
(3) The powers that may be given to a person's guardian include the following powers:
(a) to decide where, and with whom, the person is to live;
(b) to decide what education or training the person is to receive;
(c) to decide whether the person is to be allowed to work;
(d) if the person is to be allowed to work—to decide the nature of the work, the place of employment and the employer;
(e) to give, for the person, a consent required for a medical procedure or other treatment (other than a prescribed medical procedure);
(f) to bring or continue legal proceedings for or in the name of the person.