Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to any
direction of the State Administrative Tribunal, a guardian shall act according
to his 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 he 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 himself and of making reasonable judgments in respect of matters
relating to his 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.
(3) Nothing in
subsection (2)(a) shall be read as authorising a guardian to act contrary
to the Legal Profession Act 2008 .
[Section 51 amended by 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).]
[ 52. Deleted by No. 69 of 1996 s. 35.]