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GUARDIANSHIP ACT 1987 - SECT 3D
Circumstances in which a person "has the care of another person"
3D Circumstances in which a person "has the care of another person"
(1) For the purposes of this Act, the circumstances in which a person is to be
regarded as
"having the care of another person" include (but are not limited to) the case
where the person, otherwise than for remuneration (whether from the other
person or any other source), on a regular basis: (a) provides domestic
services and support to the other person, or
(b) arranges for the other
person to be provided with such services and support.
(2) A person who
resides in an institution (such as a hospital, nursing home, group home,
boarding-house or hostel) at which he or she is cared for by some other person
is not, merely because of that fact, to be regarded as being in the care of
that other person, and remains in the care of the person in whose care he or
she was immediately before residing in the institution.
(3) In this section,
"remuneration" does not include a carer's pension.
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