AustLII Tasmanian Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 32

PART 5 - Appointment of enduring guardian Appointment of enduring guardian

(1)  A person who is of or over the age of 18 years may, by instrument in writing, appoint a person as his or her enduring guardian and any such instrument may appoint 2 or more persons to act jointly as enduring guardians.
(2)  An instrument is not effective to appoint an enduring guardian unless –
(a) it is in accordance with Form 1 in Schedule 3 or in a form to similar effect; and
(b) there is endorsed on it an acceptance in the form or to the effect of the acceptance specified in Form 1 signed by each person appointed as an enduring guardian; and
(c) there are at least 2 attesting witnesses to the instrument neither of whom is a party to it nor a relative of a party to it and who have witnessed the instrument in the presence of the appointor and each other; and
(d) it is registered with the Board.
(3)  A person is not eligible to be appointed as an enduring guardian unless he or she is of or over the age of 18 years.
(4)  A person is not eligible to be appointed as an enduring guardian if he or she is, in a professional or administrative capacity, directly or indirectly responsible for, or involved in, the medical care or treatment of the appointor and, if a person who is validly appointed as an enduring guardian becomes so responsible or involved, the appointment lapses.
(5)  Subject to any conditions specified in the instrument, an instrument appointing an enduring guardian authorizes each appointee to exercise the powers of a guardian under section 25 if the appointor subsequently becomes unable by reason of a disability to make reasonable judgements in respect of matters relating to his or her personal circumstances.
(6)  The powers conferred by an instrument appointing an enduring guardian are, unless the Board otherwise directs, to be exercised in accordance with any lawful directions specified in the instrument.
(7)  Section 25(3) applies to an enduring guardian as if he or she were a full guardian appointed under section 20 .



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