GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 106

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 106

106 .         Donee may apply for declaration of legal incapacity

        (1)         The donee of an enduring power of attorney referred to in section 104(1)(b)(ii) may apply to the State Administrative Tribunal for an order declaring that the donor does not have legal capacity.

        (2)         Where the State Administrative Tribunal is satisfied that a person in respect of whom an application is made under subsection (1) —

            (a)         is the donor of an enduring power of attorney referred to in section 104(1)(b)(ii); and

            (b)         is unable, by reason of a mental disability, to make reasonable judgments in respect of matters relating to all or any part of his estate,

                the Tribunal may by order declare that the donor does not have legal capacity and that the power of attorney is in force.

        (3)         The fact that an order has been made under subsection (2) in respect of a person does not prevent the State Administrative Tribunal from making an administration order in respect of that person.

        (4)         Section 41(1) and (3) apply, with all necessary changes, to an application under subsection (1) as if it were an application for an administration order.

        (5)         The State Administrative Tribunal may at any time on the application of a person who in the opinion of the Tribunal has a proper interest in the matter revoke an order made under subsection (2).

        (6)         Section 89(1) and (3) apply, with all necessary changes, to an application under subsection (5) as if it were an application for a review of an administration order and as if references to the represented person were references to the donor of the power of attorney.

        [Section 106 amended: No. 70 of 2000 s. 15; No. 55 of 2004 s. 453 and 466.]