Queensland Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 16

16 Advice from proposed appointee about appropriateness and competence

(1) An individual who has agreed to a proposed appointment (a proposed appointee) must advise the tribunal before the tribunal makes an order appointing the proposed appointee whether he or she--

(a) is under 18 years; or
(b) is a paid carer or health provider for the adult; or
(c) has any criminal history, whether in Queensland or elsewhere; or
(d) has been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or
(e) for a proposed appointment as administrator--
(i) is 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) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or
(iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth), part 10 or a similar law of a foreign jurisdiction; or
(iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.

Maximum penalty--40 penalty units.

(2) The proposed appointee must also advise the tribunal of any likely conflict between--

(a) the duty of the proposed appointee if appointed as guardian or administrator towards the adult; and
(b) either--
(i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or
(ii) another duty of the proposed appointee as guardian or administrator for another person.

Maximum penalty--40 penalty units.

(3) The proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal.

Maximum penalty--40 penalty units.

(4) In this section--

attorney means--

(a) an attorney under a power of attorney; or
(b) an attorney under an advance health directive or similar document under the law of another jurisdiction.

power of attorney means--

(a) a general power of attorney made under the Powers of Attorney Act 1998; or
(b) an enduring power of attorney; or
(c) a power of attorney made otherwise than under the Powers of Attorney Act 1998, whether before or after its commencement; or
(d) a similar document under the law of another jurisdiction.


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