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GUARDIANSHIP OF ADULTS ACT 2016 - SECT 20 When Tribunal may make interim guardianship order

GUARDIANSHIP OF ADULTS ACT 2016 - SECT 20

When Tribunal may make interim guardianship order

    (1)     This section applies if an application has been made for a guardianship order for an adult and the application has not yet been determined.

    (2)     The Tribunal may make an interim guardianship order appointing a guardian for the adult pending determination of the application if the Tribunal reasonably believes that the adult:

        (a)     has impaired decision-making capacity; and

        (b)     is in urgent need of a guardian for some or all of the matters mentioned in section 11(1)(b).

    (3)     The Tribunal may appoint any of the following as a guardian for the adult:

        (a)     the Public Guardian;

        (b)     the Public Trustee, if the Public Trustee agrees to the appointment;

        (c)     an individual who appears to the Tribunal, on the basis of the information then available to it, to be eligible under section 15(1) for appointment.

    (4)     The Tribunal must make an interim guardianship order on the terms the Tribunal considers appropriate.

    (5)     An interim guardianship order comes into force when it is made and remains in force until the first of the following occurs:

        (a)     the order expires;

        (b)     the order is revoked by the Tribunal;

        (c)     the Tribunal decides the application for a guardianship order.

    (6)     The Tribunal may vary or revoke an interim guardianship order as the Tribunal considers appropriate.

    (7)     An interim guardianship order expires 90 days after the order is made but may be renewed once by the Tribunal for a period not exceeding 90 days.

    (8)     Sections 19 and 36 to 40 do not apply in relation to an interim guardianship order.