GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 56 Protection if unaware of change of appointee’s power

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 56

56 Protection if unaware of change of appointee’s power

(1) This section applies if—

(a) the tribunal gives power for a matter to a guardian or administrator; and

(b) the power is changed.

(2) The guardian or administrator who, without knowing of the change, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the change.

(3) A transaction between—

(a) the guardian or administrator who purports to exercise power for the matter; and

(b) a person who does not know of the change;

is, in favour of the person, as valid as if the power had not been changed.

(4) In this section—


"change" , of power for a matter, includes—

(a) suspension of power for the matter; and

(b) removal as guardian or administrator for the matter.

"know" , of a change of a power, includes—

(a) know of the happening of an event that changes the power; and

Note—

For an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation).

(b) have reason to believe the change has happened.