Australian Capital Territory Numbered Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 (NO. 62 OF 1991) - SECT 14

Obligations

14. (1) In exercising his or her powers as guardian for a person, or as manager of a person's property, the guardian or manager is to act, so far as is proper, as the person would have acted in the circumstances if he or she were not affected by the condition concerned.

(2) In exercising those powers, the matters that the guardian or manager shall take into account include—

        (a)     the need to ensure, so far as possible, that the person does not become destitute; and

        (b)     the desirability of maintaining, so far as is proper, the style of life of the person as it would have been if the person were not affected by the condition concerned.

(3) If, in a particular case, it is not possible to determine how the person would have acted, the guardian or manager shall act in the best interests of the person.

(4) Unless the Tribunal, on application, by order, permits—

        (a)     a manager of a person's property shall not enter into a transaction in relation to the property if the interests of the manager are in conflict, or may conflict, with the interests of the person; and

        (b)     a manager of a person's property shall keep the manager's property separate from the person's property, but this does not apply to property jointly owned by the manager and the person.



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