New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 6MA

6MA Substitution of enduring guardians by Tribunal

(1) The Tribunal may, of its own motion or on the application of a person who, in the opinion of the Tribunal, has a genuine concern for the welfare of an appointor, appoint a person to replace an appointee as an enduring guardian of the appointor if the appointee has died, resigned or become incapacitated.

(2) The Tribunal may appoint a person to replace an appointee under subsection (1) only if:

(a) the person is eligible to be appointed as an enduring guardian under this Part, and

(b) the Tribunal is satisfied that:

(i) the appointor is in need of an enduring guardian, and

(ii) the person has a close personal relationship with the appointor, and

(iii) the person is capable of carrying out the functions of an enduring guardian.

(3) An appointment of a person under this section has effect as if the appointor had appointed the person as an alternative enduring guardian as provided by section 6DA.

(4) The provisions of sections 6J and 6K apply to an appointment made under this section in the same way as they apply to an appointment made under an instrument of appointment.