GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 51
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 51
51 . Guardian to act in best interests of represented person
(1) Subject to any
direction of the State Administrative Tribunal, a guardian must act according
to the guardian’s opinion of the best interests of the represented
person.
(2) Without limiting
the generality of subsection (1), a guardian acts in the best interests of a
represented person if the guardian acts as far as possible —
(a) as
an advocate for the represented person;
(b) in
such a way as to encourage the represented person to live in the general
community and participate as much as possible in the life of the community;
(c) in
such a way as to encourage and assist the represented person to become capable
of caring for themself and of making reasonable judgments in respect of
matters relating to their person;
(d) in
such a way as to protect the represented person from neglect, abuse or
exploitation;
(e) in
consultation with the represented person, taking into account, as far as
possible, the wishes of that person as expressed, in whatever manner, or as
gathered from the person’s previous actions;
(f) in
the manner that is least restrictive of the rights, while consistent with the
proper protection, of the represented person;
(g) in
such a way as to maintain any supportive relationships the represented person
has; and
(h) in
such a way as to maintain the represented person’s familiar cultural,
linguistic and religious environment.
(2A) Without limiting
the generality of subsection (1), a guardian acts in the best interests of a
represented person in making a research decision in relation to the
represented person if the guardian acts in accordance with sections 110ZR and
110ZT.
(3) Nothing in
subsection (2)(a) is to be read as authorising a guardian to act contrary to
the Legal Profession Uniform Law (WA) .
[Section 51 amended: No. 7 of 1996 s. 21; No. 65
of 2003 s. 40(4); No. 55 of 2004 s. 466(1); No. 21 of 2008 s. 667(3); No. 14
of 2020 s. 8; No. 9 of 2022 s. 424.]
[ 52. Deleted: No. 69 of 1996 s. 35.]