GUARDIANSHIP ACT 1987 - As at 19 March 2021 - Act 257 of 1987
- As at 19 March 2021
- Act 257 of 1987
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
3A. (Repealed)
- 3B Notes
- 3C Relationship with Mental Health Act 2007
- 3D Circumstances in which a person "has the care of another person"
- 3E Meaning of "close friend or relative"
- 3F Persons who are "parties" to proceedings under this Act
- 4 General principles
Division 1 - Preliminary
- 9 Applications
- 10 Service of applications
- 11 Removal of persons pursuant to order of the Tribunal
- 12 Power of search and removal of persons
- 13 Care of persons pending proceedings
Note
PART 3A - FINANCIAL MANAGEMENT
Division 1 - Making of financial management orders
- 25D Definitions
- 25E Tribunal may make financial management orders
- 25F When financial management order may be made
- 25G Grounds for making financial management order
- 25H Interim financial management orders
- 25I Application to Tribunal for a financial management order
- 25J Subsequent applications
- 25K Tribunal cannot make financial management order in certain circumstances
- 25L Tribunal may refer proceeding to Supreme Court
- 25M Tribunal may commit estate of protected person to management
Division 2 - Review and revocation of financial management orders
Note
- 25N Review of financial management orders
- 25O Requested review not required in certain cases
- 25P Action on review
- 25Q Disposal of estate
- 25R Application for revocation or variation of financial management order
Division 3 - Review of appointment of manager
Note
- 25S Review of appointment of manager
- 25T Requested review not required in certain cases
- 25U Action on review
PART 4 - DIRECTIONS TO GUARDIANS
- 26 Applications
- 27 Service of applications
- 28 Tribunal may give directions
- 29 Restrictions on Tribunal's power to give directions
- 30 Limitation of liability
- 31 Jurisdiction of the Supreme Court not affected
PART 4A - ADOPTION INFORMATION DIRECTIONS
PART 5 - MEDICAL AND DENTAL TREATMENT
Division 1 - Preliminary
Division 2 - Medical and dental treatment
- 35 Offences
- 36 Who may give consent
- 37 When treatment may be carried out without any such consent
38, 39. (Repealed)
Division 3 - Consents given otherwise than by the Tribunal
- 40 Consents given by persons responsible for patients
41. (Repealed)
Division 4 - Consents given by the Tribunal
Division 4A - Clinical trials
- 45AA Tribunal may approve clinical trials
- 45AB Consent for participation in clinical trials in individual cases
Division 5 - General
- 46 Effect of consent
- 46A Power of guardian to override patient's objection to treatment when authorised by the Tribunal
- 47 Preservation of liability
- 48 Clinical records
PART 5A - RECIPROCAL ARRANGEMENTS
- 48A Corresponding law
- 48B Recognition of guardians and managers appointed under corresponding law
PART 6 - (Repealed)
None
PART 8 - (Repealed)
None
PART 9 - MISCELLANEOUS
97. (Repealed)
- 98 Service of notices etc
99. (Repealed)
- 100 Limitation of personal liability
- 101 Disclosure of information
- 102 Search warrants
- 103 Obstruction
- 104 Person falsely representing to be an employee
- 105 False or misleading statements
- 106 Proceedings for offences
- 107 Procedural matters
- 107A Evidentiary certificates in relation to persons under guardianship
- 108 Regulations
- 109 Savings and transitional provisions
Schedule 2 (Repealed)