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GUARDIANSHIP OF ADULTS ACT 2016 - SECT 31 Maintenance of dependants

GUARDIANSHIP OF ADULTS ACT 2016 - SECT 31

Maintenance of dependants

    (1)     A guardian who has authority for financial matters may provide from the represented adult's property for the needs of a dependant of the represented adult if:

        (a)     the provision is of a kind the represented adult:

            (i)     made when the represented adult had decision-making capacity; or

            (ii)     might reasonably be expected to make; and

        (b)     the value of the provision is reasonable in the circumstances.

    (2)     However, the Tribunal may, in the guardianship order or by order under section 33(2)(c):

        (a)     restrict the guardian's authority to provide for dependants; or

        (b)     authorise the guardian to provide for the needs of a dependant in a way not otherwise permitted by subsection (1).