New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 6DA

6DA Alternative enduring guardians

(1) An instrument of appointment of an enduring guardian (the "original enduring guardian") may appoint another person to be an alternative enduring guardian of the appointor.

(2) The instrument of appointment does not operate to appoint a person as an alternative enduring guardian unless it is endorsed with the person’s acceptance of the appointment.

(3) An alternative enduring guardian has (and may exercise) the functions of an original enduring guardian only:

(a) if the original enduring guardian dies, or

(b) if the original enduring guardian resigns, or

(c) during any incapacity of the original enduring guardian.

(4) If 2 or more original enduring guardians are appointed by the instrument of appointment, the alternative enduring guardian:

(a) is taken to have been appointed as an alternative enduring guardian for each of the original enduring guardians unless the instrument of appointment provides otherwise, and

(b) if the original enduring guardians were appointed jointly and all of them have died, resigned or become incapacitated-section 6D operates in relation to that alternative enduring guardian as if he or she had been appointed as an original enduring guardian by the instrument of appointment and was the only remaining original enduring guardian.

(5) A reference in a provision of this Act (other than this section) to an enduring guardian is to be read as a reference to the alternative enduring guardian while that person has, and may exercise, the functions of an original enduring guardian.