Australian Capital Territory Current Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  

   PART 1A--IMPORTANT CONCEPTS AND PRINCIPLES

   4.      Principles to be followed by decision-makers  
   5.      When does someone have impaired decision-making ability?  
   5A.     What are a person's interests?  
   6.      Meaning of carer  
   6A.     Limits on finding impaired decision-making ability  

   PART 2--GUARDIANS AND MANAGERS

           Division 2.1--Appointment and powers

   7.      Appointment and powers of guardians  
   7A.     Appointment of guardians under direction  
   7B.     Restriction on powers of guardians  
   8.      Appointment and powers of managers  
   8AA.    Manager for missing person's property  
   8AB.    Missing people's property—who may apply for appointment of  
   8AC.    Missing people's property—powers and term of manager  
   8A.     Restriction on power to appoint manager outside ACT  
   8B.     Effect on guardian or manager of enduring power of attorney in relation to health  
   8C.     May a guardian or manager be appointed for a child?  
   9.      Who may be appointed  
   10.     Considerations affecting appointment  
   11.     Powers to be least restrictive  
   12.     Recognition of interstate etc guardians and managers  
   13.     Authority of guardian or manager  
   14.     Restrictions on manager about property  
   15.     Expenses  

           Division 2.2--Supervision

              Subdivision 2.2.1--General

   16.     Directions by ACAT  
   17.     Restrictions on ACAT's power to give directions  
   18.     Advice by ACAT  
   19.     Review of guardians and managers  

              Subdivision 2.2.2--If guardians or managers do not comply with Act

   19A.    ACAT may order compensation etc  
   19B.    Compensation under s 19A and later civil proceeding  
   19C.    Relief from personal liability by court  
   19D.    ACAT may refer matter to Supreme Court  

           Division 2.3--Matters relating to management

   20.     Access to records  
   21.     Payments for maintenance etc  
   22.     Receipt of amounts  
   23.     Execution of instruments  
   24.     Investments  
   25.     Real estate  
   26.     Accounts—manager other than public trustee and guardian  
   27.     Examination of accounts  
   27AA.   Accounts—public trustee and guardian  
   27A.    Missing people's property—liability of manager and third party  

           Division 2.4--Cessation of guardianship or management

   28.     Resignation  
   29.     Death of represented person  
   30.     Manager may act until notified of discharge etc  
   30A.    Missing people's property—ending of order  
   31.     Removal by ACAT  
   32.     Surviving or substitute guardians etc  

   PART 2A--CONSENT TO MEDICAL TREATMENT WITHOUT FORMAL REPRESENTATION

   32A.    Definitions—pt 2A  
   32B.    Who is a health attorney for a protected person?  
   32C.    Who is a carer for a protected person?  
   32D.    Health attorney may give consent  
   32E.    Decision-making principles apply  
   32F.    Decision about health attorney  
   32G.    Health professional must give information to health attorney  
   32H.    Referring matters to public trustee and guardian—refusal of  
   32I.    Referring matters to public trustee and guardian—disagreement between health  
   32J.    Notice to public advocate—long-term treatment  
   32JA.   Notice and duration of consent—mental health treatment, care or  
   32JB.   Interested person may apply to ACAT for review of health attorney's  
   32K.    Protection of health attorney from liability  
   32L.    Protection of health professional from liability  
   32M.    Preservation of liability  
   32N.    Urgent medical treatment  
   32O.    Interested person may withdraw health attorney's consent to low-risk  
   32P.    Health attorney must not benefit from health attorney's  

   PART 2B--MEDICAL RESEARCH AND LOW-RISK RESEARCH

   33.     Guardian may consent to protected person's participation in low-risk  
   34.     Guardian may consent to protected person's participation in medical  
   35.     Guardian must not benefit from guardian's decision  
   36.     Assessment of likelihood of principal regaining decision-making capacity  
   37.     Interested person may apply to ACAT for review of guardian's  

   PART 3--POWERS OF ATTORNEY AND ACAT

   61.     Definitions—pt 3  
   62.     ACAT directions etc for enduring powers of attorney  
   63.     Reference of power of attorney matters to Supreme Court  
   64.     Request for accounts—enduring powers of attorney  
   65.     Declaration about decision-making capacity  
   66.     Removing attorneys  

   PART 5--MISCELLANEOUS

   67.     Temporary appointments  
   68.     Emergency removal of disabled persons  
   68A.    Emergency orders—enduring powers of attorney  
   68B.    ACAT's power to revoke health direction  
   69.     Capacity to consent to medical etc procedures  
   70.     ACAT may consent to prescribed medical procedures  
   70A.    Restrictions on consent by guardian to mental health treatment, care or  
   71.     Power to adjust transactions  
   72.     Injunctions to restrain dealings  
   72A.    Notice of hearing  
   72B.    Authority for medical or other examinations  
   72C.    Power to obtain information and documents  
   72D.    Medical certificate about impaired decision-making capacity  
   73.     Acts and omissions of representatives  
   74.     Criminal liability of executive officers  
   75.     Determination of fees  
   75A.    Approved forms  
   77.     Regulation-making power  
           DICTIONARY
           ENDNOTES