Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 23

Persons eligible as guardians

23. Persons eligible as guardians



(1) The Tribunal may appoint as a plenary guardian or limited guardian any
person who has attained the age of 18 years and consents to act as guardian if
the Tribunal is satisfied that that person-

   (a)  will act in the best interests of the proposed represented person; and

   (b)  is not in a position where the person's interests conflict or may
        conflict with the interests of the proposed represented person; and

   (c)  is a suitable person to act as the guardian of the proposed
        represented person.

(2) In determining whether a person is suitable to act as the guardian of a
represented person, the Tribunal must take into account-

   (a)  the wishes of the proposed represented person, so far as they can be
        ascertained; and



   (b)  the desirability of preserving existing family relationships; and

   (c)  the compatibility of the person proposed as guardian with the proposed
        represented person and with the administrator (if any) of the proposed
        represented person's estate; and

   (d)  whether the person proposed as guardian will be available and
        accessible to the proposed represented person so as to fulfil the
        requirements of guardianship of that person.

(3) Where a parent or nearest relative of a proposed represented person is
proposed as the guardian that person is not by virtue only of the fact that
that person is a parent or nearest relative to be taken to be in a position
where the person's interests conflict or may conflict with those of the
proposed represented person.





(4) Where it appears to the Tribunal that-

   (a)  the person in respect of whom the application is made is a person in
        respect of whom an order could be made under section 22; and

   (b)  no other person fulfils the requirements of subsection (1) for
        appointment as the guardian of that person-

the Tribunal may appoint the Public Advocate as the plenary guardian or
limited guardian of that person.

(5) This section does not prevent the Tribunal from appointing persons
(including the Public Advocate and any other person) as joint plenary
guardians or joint limited guardians of the proposed represented person if-

   (a)  each person fulfils the requirements of subsection (1); and

   (b)  the Tribunal considers it appropriate to do so.



Division 3-Powers and duties of guardian