Australian Capital Territory Numbered Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 (NO. 62 OF 1991) - SECT 7

Appointment and powers of guardians

7. (1) If, on application, the Tribunal is satisfied that—

        (a)     a person who resides in the Territory is unable, because of a physical, mental, psychological or intellectual condition—

              (i)     to make reasonable judgments about matters relating to his or her health or welfare; or

              (ii)     to do anything necessary for his or her health or welfare; and

        (b)     as a result, the person's health or welfare is, or is likely to be, substantially at risk;

the Tribunal may, by order, appoint a guardian for the person, with such powers as are necessary to ensure that the person's health or welfare are adequately protected.

(2) The powers that may be conferred on a person's guardian include the following powers:

        (a)     to decide where and with whom the person is to live;

        (b)     to decide what education or training the person is to receive;

        (c)     to decide whether the person is to be allowed to work;

        (d)     if the person is to be allowed to work—to decide the nature of the work, the place of employment and the employer;

        (e)     to give for the person a consent required for a medical procedure or other treatment (other than a prescribed medical procedure);

        (f)     to institute or maintain legal proceedings for or in the name of the person.

(3) The powers that may be conferred on a person's guardian do not include the power to chastise the person or the power to do any of the following things for the person:

        (a)     vote in an election;

        (b)     make a will or other testamentary instrument;

        (c)     consent to the adoption of a child;

        (d)     give a consent in relation to a marriage;

        (e)     give for the person a consent required for a prescribed medical procedure.

(4) A guardianship order may be made for a person below the age of 18 years, but it does not take effect until the person attains that age.



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