GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 14 Appointment of 1 or more eligible guardians and administrators

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 14

14 Appointment of 1 or more eligible guardians and administrators

(1) The tribunal may appoint a person as guardian or administrator for a matter only if—

(a) for appointment as a guardian, the person is—

(i) a person who is at least 18 years and not a paid carer, or health provider, for the adult; or

(ii) the public guardian; and

(b) for appointment as an administrator, the person is—

(i) a person who is at least 18 years, not a paid carer, or health provider, for the adult and not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or

(ii) the public trustee or a trustee company under the Trustee Companies Act 1968 ; and

(c) having regard to the matters mentioned in section 15 (1) , the tribunal considers the person appropriate for appointment.

(2) Despite subsection (1) (a) (ii) , the tribunal may appoint the public guardian as guardian for a matter only if there is no other appropriate person available for appointment for the matter.

(3) Subject to section 74 , no-one may be appointed as a guardian for a special personal matter or special health matter.

Note—

The tribunal may consent to particular special health care—see section 68 (Special health care).

(4) The tribunal may appoint a person as guardian or administrator for a matter for an adult on the application of the adult’s parent only if the tribunal has informed the parent of the tribunal’s power under subsection (6) (e) to appoint successive appointees for the matter.

(5) A failure by the tribunal to comply with subsection (4) does not affect an appointment made by the tribunal.

(6) The tribunal may appoint 1 or more of the following—

(a) a single appointee for a matter or all matters;

(b) different appointees for different matters;

(c) a person to act as appointee for a matter or all matters in a stated circumstance;

(d) alternative appointees for a matter or all matters so power is given to a particular appointee only in stated circumstances;

(e) successive appointees for a matter or all matters so power is given to a particular appointee only when power given to a previous appointee ends;

(f) joint or several, or joint and several, appointees for a matter or all matters;

(g) 2 or more joint appointees for a matter or all matters, being a number less than the total number of appointees for the matter or all matters.

(7) If the tribunal makes an appointment because an adult has impaired capacity for a matter and the tribunal does not consider the impaired capacity is permanent, the tribunal must state in its order when it considers it appropriate for the appointment to be reviewed.

Note—

Otherwise periodic reviews happen under section 28 .