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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 29

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 29

29—Guardianship orders

        (1)         If the Tribunal is satisfied (whether on an application made under this Division or on its own motion after revoking an advance care directive under the Advance Care Directives Act 2013 )—

            (a)         that the person the subject of the application has a mental incapacity; and

            (c)         that an order under this section should be made in respect of the person,

the Tribunal may, by order, place the person under—

            (d)         the limited guardianship; or

            (e)         if satisfied that an order under paragraph (d) would not be appropriate, the full guardianship,

of such person or persons as the Tribunal considers, in all the circumstances of the case, to be the most suitable for the purpose.

        (2)         A limited guardianship order is an order by which the Tribunal specifies the particular aspects of the protected person's care or welfare that are to be the responsibility of the appointed guardian or guardians.

        (2a)         The Tribunal may appoint a person (other than the Public Advocate) to be an alternative guardian who is, in accordance with section 31B, to take over full or limited guardianship, as the case may be, in the event of the death, absence or incapacity of a particular guardian (the "original guardian ).

        (3)         A guardian must be a natural person.

        (4)         The Public Advocate may be appointed as the guardian, or one of the guardians, of the person, but only if the Tribunal considers that no other order under this section would be appropriate.

        (5)         A person who cares for the protected person on a professional basis cannot be appointed as a guardian of the person.

        (6)         A guardianship order may be subject to such conditions or limitations (including a limitation as to the duration of the order) as the Tribunal thinks fit and specifies in the order.

        (7)         A condition or limitation imposed under subsection (6) should, as far as is reasonably practicable, be consistent with the terms of any advance care directive that the protected person has given.