New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
GUARDIANSHIP ACT 1987 - SECT 6K
Action on review
6K Action on review
(1) On reviewing the appointment of an enduring guardian, the Tribunal may:
(a) revoke the appointment or deal with the matter as provided by subsection
(3) (or both), or
(b) confirm the appointment, with or without varying the
functions of the enduring guardian under the appointment.
(2) The Tribunal
must not revoke the appointment of an enduring guardian unless: (a) the
enduring guardian requested the revocation, or
(b) the Tribunal is satisfied
that it is in the best interests of the appointor that the appointment be
revoked.
(3) The Tribunal may, if it considers that it is in the best
interests of the appointor to do so, deal with a review as if any of the
following applications had been made in respect of the appointor: (a) an
application for a guardianship order under Part 3,
(b) an application for a
financial management order under Part 3A,
(c) applications for both such
orders.
(4) The Tribunal may confirm the appointment (or purported
appointment) of a person as an enduring guardian under subsection (1) (b) even
where: (a) the instrument that purported to appoint the person as an
enduring guardian was not executed in accordance with the requirements of this
Part, or
(b) the person purporting to make the appointment announced his or
her intention to make the appointment but became incapacitated before an
instrument making the appointment could be executed in accordance with the
requirements of this Part,
if the Tribunal is satisfied that the confirmation
of the appointment (or purported appointment) reflects the appointment that
the person making the appointment intended to make at the time it was
purportedly made.
(5) The confirmation of the appointment of an
enduring guardian under subsection (1) (b) has effect as if an instrument of
appointment had been executed in accordance with the requirements of this Part
by the appointor in the terms confirmed by the Tribunal.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback