GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 35 Represented adult to comply with guardian's decisions
GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 35
Represented adult to comply with guardian's decisions(1) The Tribunal may make an order that a guardian, or another specified person, is authorised to take specified measures to ensure the represented adult complies with the guardian's decisions in the exercise of the guardian's authority.
(2) The Tribunal must conduct a reassessment of an order made under subsection (1) as soon as is practicable after making the order but in any event within 42 days after making the order.
(3) On completing the reassessment, the Tribunal must do one of the following:
(a) confirm the order;
(b) vary the order;
(c) revoke the order and make another in its place;
(d) revoke the order.
(4) The Tribunal may make an order under subsection (1), or confirm, vary or replace the order under subsection (3), only if satisfied that, having regard to the represented adult's best interests, authorising the specified measures to be taken under the order is the only appropriate way to protect the adult from harm, neglect, abuse or exploitation.
(5) The guardian or other person authorised by an order under this section is not liable to any action for false imprisonment or assault, or any other action, liability, claim or demand arising out of taking a measure under the order, if the guardian or other person took that measure in the belief that:
(a) having regard to the represented adult's best interests, there was no other appropriate way to protect the adult from harm, neglect, abuse or exploitation; and
(b) it was reasonable to take that measure in the circumstances.
(6) An application for an order under this section may be made by:
(a) a guardian; or
(b) an interested person for the represented adult.