(1) Subject to
section 4, where the State Administrative Tribunal is satisfied that a person
in respect of whom an application for a guardianship order is made under
section 40 —
(a) has
attained the age of 18 years;
(b) is
—
(i)
incapable of looking after his own health and safety;
(ii)
unable to make reasonable judgments in respect of matters
relating to his person; or
(iii)
in need of oversight, care or control in the interests of
his own health and safety or for the protection of others;
and
(c) is
in need of a guardian,
the Tribunal may by
order declare the person to be in need of a guardian, and if it does so shall
appoint —
(d) a
person to be a plenary guardian or a limited guardian and, if it is expedient,
a person to be an alternate guardian; or
(e)
persons to be joint plenary guardians or joint limited guardians,
as the case may
require, of the person in respect of whom the application is made.
(2) Where under
subsection (1) the State Administrative Tribunal declares that a person is in
need of a guardian, it shall also declare the matter or matters set out in
paragraph (b) of that subsection of which it is satisfied.
(2a) Subject to
section 4, where the State Administrative Tribunal is satisfied that a person
in respect of whom an application for a guardianship order is made under
section 40 —
(a) has
attained the age of 17 but not 18 years; and
(b)
will, when he attains the age of 18 years, be —
(i)
incapable of looking after his own health and safety; or
(ii)
unable to make reasonable judgments in respect of matters
relating to his person; or
(iii)
in need of oversight, care or control in the interests of
his own health and safety or for the protection of others;
and
(c)
will, when he attains the age of 18 years, be in need of a guardian,
the Tribunal may by
order declare the person will be in need of a guardian when he attains the age
of 18 years, and if it does so shall appoint —
(d) a
person to be a plenary guardian or a limited guardian and, if it is expedient,
a person to be an alternate guardian; or
(e)
persons to be joint plenary guardians or joint limited guardians,
as the case may
require, of the person in respect of whom the application is made.
(2b) Where under
subsection (2a) the State Administrative Tribunal declares that a person will
be in need of a guardian, it shall also declare the matter or matters set out
in paragraph (b) of that subsection of which it is satisfied.
(2c) An appointment
made under subsection (2a) in respect of a person comes into operation on the
day on which the person attains the age of 18 years.
(3) An appointment
under subsection (1) or (2a) may be made subject to such conditions and
restrictions as the State Administrative Tribunal thinks fit.
(4) An order
appointing a limited guardian shall specify the functions that are vested in
the limited guardian under section 46.
[Section 43 amended: No. 55 of 2004 s. 466; No. 5
of 2008 s. 57(1) and (2).]