PUBLIC GUARDIAN ACT 2014 - SECT 12 Functions—adult with impaired capacity for a matter

PUBLIC GUARDIAN ACT 2014 - SECT 12

12 Functions—adult with impaired capacity for a matter

(1) The public guardian has the following functions (
"adult guardian functions" ) in relation to an adult with impaired capacity for a matter—

(a) protecting the adult from neglect, exploitation or abuse;

(b) providing a program called the community visitor program to protect the rights and interests of the adult if the adult resides at a visitable site;

(c) investigating complaints and allegations about actions by—

(i) an attorney; or

(ii) a guardian or administrator; or

(iii) another person acting or purporting to act under a power of attorney, advance health directive or order of the tribunal made under this Act or the Guardianship Act ;

(d) mediating and conciliating between attorneys, guardians or administrators or between attorneys, guardians or administrators and others, for example, health providers, if the public guardian considers this appropriate to resolve an issue;

(e) acting as attorney—

(i) for a personal matter under an enduring power of attorney; or

(ii) under an advance health directive; or

(iii) for a health matter if authorised as a statutory health attorney; or

(iv) if appointed by the court or the tribunal;

(f) acting as guardian if appointed by the tribunal;

(g) approving, under the Guardianship Act , chapter 5B , part 4 the use of a restrictive practice in relation to an adult to whom that chapter applies;

(h) consenting to a forensic examination under section 38 ;

(i) seeking help (including help from a government agency, or other institution, welfare organisation or provider of a service or facility) for, or making representations for, an adult with impaired capacity;

(j) educating and advising persons about, and conducting research into, the operation of this Act, the Guardianship Act and the Powers of Attorney Act .

(2) 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; or

(c) a statutory health attorney.

"power of attorney" means—

(a) a general power of attorney made under the Powers of Attorney Act ; or

(b) an enduring power of attorney; or

(c) a power of attorney made otherwise than under the Powers of Attorney Act , whether before or after its commencement; or

(d) a similar document under the law of another jurisdiction.