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GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 20 Guardianship order

GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 20

Division 2 - Appointment of guardian Guardianship order

(1)  If the Tribunal, after a hearing, is satisfied that the person in respect of whom an application for an order appointing a guardian or an order appointing an administrator is made–
(a) is a person with a disability; and
(b) is unable by reason of the disability to make reasonable judgements in respect of all or any matters relating to his or her person or circumstances; and
(c) is in need of a guardian–
the Tribunal may make an order appointing a full or limited guardian in respect of that person and any such order may be subject to such conditions or restrictions as the Tribunal considers necessary.
(2)  In determining whether or not a person is in need of a guardian, the Tribunal must consider whether the needs of the proposed represented person could be met by other means less restrictive of that person's freedom of decision and action.
(3)  The Tribunal must not make an order under subsection (1) unless it is satisfied that the order would be in the best interests of the proposed represented person.
(4)  The Tribunal must not make an order appointing a full guardian unless it is satisfied that an order for limited guardianship would be insufficient to meet the needs of the proposed represented person.
(5)  Where the Tribunal makes an order appointing a limited guardian in respect of a person the order to be made is that which is least restrictive of that person's freedom of decision and action as is possible in the circumstances.
(6)  Two or more guardians of a person, each with different functions, may be appointed under one or more limited guardianship orders.