GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 44
Right of guardian or administrator to information
GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 44
Right of guardian or administrator to information
44 Right of guardian or administrator to information
(1) A guardian or administrator who has power for a matter for an adult has a
right to all the information the adult would have been entitled to if the
adult had capacity and which is necessary to make an informed exercise of the
power.
(2) At the guardian’s or administrator’s request, a person who has
custody or control of the information must give the information to the
guardian or administrator, unless the person has a reasonable excuse.
(3) If
a person who has custody or control of the information does not comply with a
request by a guardian or administrator to give information, the tribunal may,
on application by the guardian or administrator, order the person to give the
information to the guardian or administrator.
(4) If the tribunal orders a
person to give information to the guardian or administrator, the person must
comply with the order, unless the person has a reasonable excuse.
(5) It is a
reasonable excuse for a person to fail to give information because giving the
information might tend to incriminate the person.
(6) Subject to subsection
(5) , this section overrides—
(a) any restriction, in an Act or the common
law, about the disclosure or confidentiality of information; and
(b) any
claim of confidentiality or privilege, including a claim based on legal
professional privilege.
