GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 29
GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 29
(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.