Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 43(3), where a person is appointed as a plenary guardian, or 2 or
more persons are appointed as joint plenary guardians, he or they have all of
the functions in respect of the person of the represented person that are,
under the Family Court Act 1997 , vested in a person in whose favour has
been made —
(a) a
parenting order which allocates parental responsibility for a child; and
(b) a
parenting order which provides that a person is to share parental
responsibility for a child,
as if the represented
person were a child lacking in mature understanding, but a plenary guardian
does not, and joint plenary guardians do not, have the right to chastise or
punish a represented person.
(2) Without limiting
subsection (1), a plenary guardian may —
(a)
decide where the represented person is to live, whether permanently or
temporarily;
(b)
decide with whom the represented person is to live;
(c)
decide whether the represented person should work and, if so, the nature or
type of work, for whom he is to work and matters related thereto;
(d)
subject to Division 3, consent to any treatment or health care of the
represented person;
(e)
decide what education and training the represented person is to receive;
(f)
decide with whom the represented person is to associate;
(g) as
the next friend of the represented person, commence, conduct or settle any
legal proceedings on behalf of the represented person, except proceedings
relating to the estate of the represented person; and
(h) as
the guardian ad litem of the represented person, defend or settle any legal
proceedings taken against the represented person, except proceedings relating
to the estate of the represented person.
(3) A plenary guardian
may not —
(a) vote
in any election;
[(b) deleted]
(c)
consent, under section 17 of the Adoption Act 1994 , to the adoption
of a child or under section 69(1)(a)(ii) of that Act to the adoption
of a represented person; or
(da)
consent, under section 21(2)(d) of the Surrogacy Act 2008 , to the making
of a parentage order under that Act; or
(d)
under the Marriage Act 1961 of the Commonwealth, give consent in relation
to the marriage of a minor, sign a notice of intended marriage or take part in
the solemnization of a marriage,
on behalf of a
represented person; or
(e)
consent to the sterilization of a represented person except in accordance with
Division 3.
(4) A plenary guardian
may not make a will or other testamentary disposition on behalf of a
represented person but this subsection does not affect the operation of
section 111A.
[Section 45 amended by No. 7 of 1996
s. 20; No. 69 of 1996 s. 34; No. 41 of 1997 s. 32; No. 70
of 2000 s. 8; No. 35 of 2006 s. 205; No. 27 of 2007
s. 25; No. 47 of 2008 s. 64.]