GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 41 Exercise of power by guardian

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 41

    (1)     A guardian—

        (a)     must act in accordance with the general principles set out in section 8 and the decision-making principles set out in section 9; and

        (b)     must act as an advocate for the represented person; and

        (c)     must encourage and assist the represented person to develop the person's decision-making capacity in relation to personal matters; and

        (d)     must act in such a way so to protect the represented person from neglect, abuse or exploitation; and

        (e)     must act honestly, diligently and in good faith; and

        (f)     must exercise reasonable skill and care; and

        (g)     must not use the position for profit; and

        (h)     must avoid acting if there is or may be a conflict of interest; and

              (i)     must not disclose confidential information gained as a guardian unless authorised to do so under the guardianship order or by law.

    (2)     A guardian who has the power to make medical treatment decisions for a represented person must comply with the Medical Treatment Planning and Decisions Act 2016 in relation to those decisions.