Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 10

Considerations affecting appointment

    (1)     A person must not be appointed as a guardian or manager unless the person consents in writing to the appointment.

    (2)     A person (except the public trustee and guardian or a trustee company) must not be appointed as a guardian or manager unless the person is an adult and has informed the ACAT on oath whether the person—

        (a)     has been convicted or found guilty of an offence involving violence, fraud or dishonesty; or

        (b)     has been, either in the ACT or elsewhere, refused appointment as a guardian or manager, or removed from office as a guardian or manager; or

        (c)     is bankrupt or personally insolvent (and, if so, has given particulars to the ACAT).

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

    (3)     Someone (other than the public trustee and guardian) may be appointed as a guardian or manager only if the ACAT is satisfied that the person will follow the decision-making principles and is otherwise suitable for appointment.

    (4)     For subsection (3), the matters the ACAT must take into account include—

        (a)     the views and wishes of the person (the protected person ) for whom a guardian or manager is to be appointed; and

        (b)     the desirability of preserving existing relationships with family and any other carers; and

        (c)     whether the proposed guardian or manager is compatible with the protected person; and

        (d)     whether the proposed guardian or manager lives in the ACT; and

        (e)     whether the proposed guardian or manager will be available and accessible to the protected person; and

        (f)     the nature of the functions to be exercised under the order and whether the proposed guardian or manager is competent to exercise them; and

        (g)     whether the interests and duties of the proposed guardian or manager are likely to conflict with the protected person's interests to the detriment of the protected person's interests.

    (5)     The interests and duties of the domestic partner or a relative of a person must not be taken to be likely to conflict with the interests of the person only because of the fact of being the domestic partner or relative.



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