GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 15 Eligibility for appointment
GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 15
Eligibility for appointment(1) An individual is eligible for appointment as a guardian for an adult under section 13 if:
(a) the individual:
(i) is at least 18 years of age; and
(ii) consents to the appointment; and
(b) the Tribunal is satisfied the individual is suitable to be a guardian for the adult.
(2) In determining an individual's suitability to be a guardian for the adult, the Tribunal must take the following into account:
(a) whether the individual is likely to comply with this Act;
(b) the individual's ability to properly exercise the authority of a guardian;
(c) the views and wishes of the adult;
(d) the desirability of preserving any existing support network for the adult;
(e) the compatibility of the individual with:
(i) the adult; and
(ii) any other person also proposed to be appointed as a guardian for the adult; and
(iii) any other agent for the adult;
(f) the individual's availability and accessibility to the adult and to other interested persons for the adult;
(g) whether the individual has, or has had, a professional relationship with the adult, the nature of that relationship and whether it is appropriate for an individual with that relationship to be the adult's guardian;
(h) the extent to which the individual's interests are likely to conflict with the adult's interests;
(i) the individual's history and experience as a guardian or in a similar role in the Territory or elsewhere;
(j) if it is proposed that the individual will have authority for financial matters – the individual's bankruptcy history (if any);
(k) the individual's criminal history (if any) in the Territory or elsewhere;
(l) any other matter the Tribunal considers relevant.
Examples for subsection (2)(g)
A professional relationship with the adult may include being the adult's doctor or financial advisor, or the manager of the nursing home where the adult lives .