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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 (Repealed)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

PART 2 - APPOINTMENT OF ENDURING GUARDIANS

PART 3 - GUARDIANSHIP ORDERS

Division 1 - Preliminary

Division 2 - Applications for guardianship orders

  • 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

Division 3 - Guardianship orders

Division 4 - Assessment and review of guardianship orders

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 7 - THE PUBLIC GUARDIAN

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)

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