Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 35D

Revocation of appointment by Tribunal

35D. Revocation of appointment by Tribunal







(1) The Tribunal may, on an application under this section and after a
hearing, revoke the appointment of an enduring guardian or alternative
enduring guardian if-

   (a)  the enduring guardian or alternative enduring guardian seeks
        revocation of the appointment; or

   (b)  the Tribunal is satisfied that the enduring guardian or alternative
        enduring guardian-

   (i)  is not able or willing 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.

(2) An application may be made by-

   (a)  the Public Advocate; or

   (b)  the enduring guardian or alternative enduring guardian; or



   (c)  the administrator of the appointor's estate; or

   (d)  any other person who the Tribunal is satisfied has an interest in the
        person or in the estate of the person in respect of whom the
        application is made.

(3) An appointment of an enduring guardian or alternative enduring guardian is
not revoked if the appointor becomes a represented person.