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GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 65 Emergency orders

GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 65

PART 8 - Emergency Orders Emergency orders

(1)  Where the Tribunal considers it proper to do so by reason of urgency, the Tribunal may in respect of a represented person make any order or give any direction considered appropriate in the circumstances.
(2)  Where the Tribunal considers it proper to do so, by reason of urgency, the Tribunal may, in respect of a person who is not a represented person but in respect of whom the Tribunal considers that there may be grounds for making a guardianship order or an administration order make an order appointing–
(a) the Public Guardian as his or her guardian; or
(b) The Public Trustee as administrator of his or her estate–
and in either case the Tribunal may make any order or give any direction considered appropriate in the circumstances.
(3)  The Tribunal may make an order under this section of its own motion or on request by any person whom the Tribunal considers to have a proper interest in the matter.
(4)  In the exercise of its powers under this section –
(a) the Tribunal is not required to give notice to any person or to hold a hearing before making an order but the Tribunal must make such inquiries or investigations as the Tribunal may think appropriate; and
(b) the Tribunal may act on a request made, or information received, by telephone or any other means that the Tribunal considers appropriate in the circumstances; and
(c) the Tribunal may make an administration order in respect of the estate of a person who is the donor of an enduring power of attorney in force under Part 4 of the Powers of Attorney Act 2000 , if he or she is of or over the age of 18 years.
(4A)  The powers and functions of the Tribunal under this section may be exercised and performed by one or 3 members of the Tribunal as may be determined in each case by the President.
(5)  An order under this section –
(a) remains in effect for such period as the Tribunal determines but not exceeding 28 days; and
(b) may be renewed but only once for a further period not exceeding 28 days.
(6)  A power or function under this section that has been exercised or performed, or purportedly exercised or performed, by any member or members of the Board before the commencement of the Guardianship and Administration Amendment Act 2006 is taken to have been validly exercised or performed by the Board.