• Specific Year
    Any

GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 34 Revocation or amendment of appointment by Tribunal

GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 34

Revocation or amendment of appointment by Tribunal

(1)  The Tribunal may, on an application under this section and after a hearing, revoke or amend the instrument of appointment of an enduring guardian if–
(a) the enduring guardian seeks revocation of the appointment; or
(b) the Tribunal is satisfied that the enduring guardian–
(i) is not willing or able to act in that capacity; or
(ii) has, in that capacity, not acted in the best interests of the appointor or has acted in an incompetent or negligent manner or contrary to the provisions of this Act.
(1A)  The Tribunal may, on an application under this section and after a hearing, declare that the instrument of appointment of an enduring guardian is invalid if the Tribunal is satisfied that –
(a) the appointor did not have the mental capacity to make it; or
(b) it is contrary to the provisions of this Act; or
(c) the appointor was induced to make it by reason of dishonesty or undue influence.
(2)  The application –
(a) is to be in writing; and
(b) is to be lodged with the registrar; and
(c) is to contain the prescribed information.
(3)  The application may be made by –
(a) the Public Guardian; or
(b) the enduring guardian; or
(c) the appointor of the enduring guardian; or
(d) the administrator of the appointor's estate; or
(e) any other person who the Tribunal is satisfied has a proper interest in the matter.