GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 13
Advance appointment
GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 13
Advance appointment
13 Advance appointment
(1) The tribunal may, by order, make an appointment of a guardian for a
personal matter, or an administrator for a financial matter, for an individual
who is at least 17 1 / 2 years but not 18 years if the tribunal is
satisfied—
(a) there is a reasonable likelihood, when the individual turns
18, the individual will have impaired capacity for the matter; and
(b) there
is a reasonable likelihood, when the individual turns 18—
(i) there will be
a need to do something in relation to the matter; or
(ii) the individual is
likely to do something in relation to the matter that involves, or is likely
to involve, unreasonable risk to the individual’s health, welfare or
property; and
(c) there is a reasonable likelihood, without an appointment,
when the individual turns 18—
(i) the individual’s needs would not be
adequately met; or
(ii) the individual’s interests would not be adequately
protected.
(2) This Act applies, with necessary changes, to an appointment
under this section.
(3) The appointment begins when the individual turns 18.
(4) The appointment ends when the individual turns 19, unless the tribunal
orders the appointment to be for a longer period.
(5) The tribunal may order
the appointment for a longer period only if the tribunal considers—
(a) the
need for an appointment will continue for the longer period; and
(b) the need
for the tribunal to review the appointment is very limited.
(6) The longer
period may be—
(a) if the administrator is the public trustee or a trustee
company under the Trustee Companies Act 1968—the period decided by the
tribunal; or
(b) otherwise—a period of not more than 5 years.
(7) The
appointment may be on terms considered appropriate by the tribunal.
(8) The
tribunal may make the order on its own initiative or on the application of the
individual or an interested person.
(9) This section does not apply for the
appointment of a guardian for a restrictive practice matter under chapter 5B .
