GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 5
GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 5
Where a guardian, an administrator, the Public Advocate, the Tribunal or any
court or other person, body or authority makes any decision or order in
relation to a person or a person's estate pursuant to this Act or pursuant to
powers conferred by or under this Act—
(a)
consideration (and this will be the paramount consideration) must be given to
what would, in the opinion of the decision maker, be the wishes of the person
in the matter if he or she were not mentally incapacitated, but only so far as
there is reasonably ascertainable evidence on which to base such an opinion;
and
(b) the
present wishes of the person should, unless it is not possible or reasonably
practicable to do so, be sought in respect of the matter and consideration
must be given to those wishes; and
(c)
consideration must, in the case of the making or affirming of a guardianship
or administration order, be given to the adequacy of existing informal
arrangements for the care of the person or the management of his or her
financial affairs and to the desirability of not disturbing those
arrangements; and
(d) the
decision or order made must be the one that is the least restrictive of the
person's rights and personal autonomy as is consistent with his or her proper
care and protection.