GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 4
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 4
4 . Principles stated
(1) In dealing with
proceedings commenced under this Act the State Administrative Tribunal shall
observe the principles set out in this section.
(2) The primary
concern of the State Administrative Tribunal shall be the best interests of
any represented person, or of a person in respect of whom an application is
made.
(3) Every person shall
be presumed to be capable of —
(a)
looking after his own health and safety;
(b)
making reasonable judgments in respect of matters relating to his person;
(c)
managing his own affairs; and
(d)
making reasonable judgments in respect of matters relating to his estate,
until the contrary is
proved to the satisfaction of the State Administrative Tribunal.
(4) A guardianship or
administration order shall not be made if the needs of the person in respect
of whom an application for such an order is made could, in the opinion of the
State Administrative Tribunal, be met by other means less restrictive of the
person’s freedom of decision and action.
(5) A plenary guardian
shall not be appointed under section 43(1) or (2a) if the appointment of a
limited guardian under that section would be sufficient, in the opinion of the
State Administrative Tribunal, to meet the needs of the person in respect of
whom the application is made.
(6) An order
appointing a limited guardian or an administrator for a person shall be in
terms that, in the opinion of the State Administrative Tribunal, impose the
least restrictions possible in the circumstances on the person’s freedom
of decision and action.
(7) In considering any
matter relating to a represented person or a person in respect of whom an
application is made the State Administrative Tribunal shall, as far as
possible, seek to ascertain the views and wishes of the person concerned as
expressed, in whatever manner, at the time, or as gathered from the
person’s previous actions.
[Section 4 amended: No. 7 of 1996 s. 5; No. 55 of
2004 s. 420 and 466(1); No. 5 of 2008 s. 57(3); No. 19 of 2010 s. 51.]
[Heading inserted: No. 55 of 2004 s. 421.]
[Heading inserted: No. 55 of 2004 s. 421; amended:
No. 5 of 2008 s. 56(2).]
[ 5. Deleted: No. 5 of 2008 s. 56(1).]
[ 6-12. Deleted: No. 55 of 2004 s. 423.]
[Heading deleted: No. 55 of 2004 s. 424.]