Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 8

Appointment and powers of managers

    (1)     This section applies if the ACAT is satisfied that—

        (a)     someone has impaired decision-making ability in relation to the person's financial matters or a matter affecting the person's property; and

        (b)     while the person has the impaired decision-making ability—

              (i)     there is, or is likely to be, a need for a decision in relation to the matter; or

              (ii)     the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person's health, welfare or property; and

        (c)     if a manager is not appointed—

              (i)     the person's needs will not be met; or

              (ii)     the person's interests will be significantly adversely affected.

    (2)     In considering subsection (1) (c), the ACAT must consider—

        (a)     if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person's—

              (i)     needs would be met; and

              (ii)     interests would be adequately protected; and

        (b)     if it is reasonably likely that the necessary support can be provided or facilitated.

    (3)     The ACAT may, by order, appoint a manager to manage all, or a stated part of, the person's property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property, in accordance with the decision-making principles.

Note     The ACAT's power to appoint a manager is restricted under s 8A.

    (4)     The powers that may be given to a person's manager are the powers that the person would have if the person were legally competent to exercise powers in relation to the person's property.



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