New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 21

21 Relationship of guardians to persons under guardianship

(1) Subject to any conditions specified in the order, the guardian of a person the subject of a plenary guardianship order:

(a) has custody of the person to the exclusion of any other person, and

(b) has all the functions of a guardian of that person that a guardian has at law or in equity.

(2) Subject to any conditions specified in the order, the guardian of a person the subject of a limited guardianship order:

(a) has custody of the person, to the exclusion of any other person, to such extent (if any) as the order provides, and

(b) has such of the functions of a guardian of that person's person, to the exclusion of any other person, as the order provides.

(2A) Subject to any conditions specified in the order, the guardian of a person the subject of a guardianship order (whether plenary or limited) has the power, to the exclusion of any other person, to make the decisions, take the actions and give the consents (in relation to the functions specified in the order) that could be made, taken or given by the person under guardianship if he or she had the requisite legal capacity.

(3) Section 49 of the Minors (Property and Contracts) Act 1970 does not apply to a person the subject of a plenary guardianship order.