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GUARDIANSHIP ACT 1987 - SECT 6D
Appointment of 2 or more enduring guardians
(1) An instrument appointing an enduring guardian may appoint 2 or more such
guardians to act jointly, severally or jointly and severally.
(2) If an
instrument appoints 2 or more enduring guardians to act both jointly and
severally: (a) the appointees are authorised to act jointly or severally at
their discretion in relation to the appointor except as otherwise provided by
the instrument of appointment, and
(b) a vacation in the office of one
enduring guardian does not terminate the appointment of any other
enduring guardian unless the instrument of appointment provides otherwise.
(3) Without limiting subsection (1), an instrument appointing more than one
enduring guardian may confer different functions on each appointee. In any
such case: (a) each appointee is taken to have been appointed to act
severally, and
(b) a reference in this Act to the enduring guardian is a
reference to whichever of the appointees has the relevant function.
(4) An
instrument appointing 2 or more enduring guardians to act jointly may provide
that the death, resignation or incapacity of one or more appointees does not
operate to terminate the appointment of any other appointee.
(5) For the
purposes of this Act, an instrument that makes provision of the kind referred
to in subsection (4) is taken to have appointed an appointee to act severally
if each other appointee has died, resigned or become incapacitated.
(6) A
person who was appointed by an instrument executed by an appointor as a joint
enduring guardian where that instrument does not make provision of the kind
referred to in subsection (4) may apply to the Tribunal for an order
confirming his or her appointment as an enduring guardian if each other
appointee has died, resigned or become incapacitated.
(7) The Tribunal may
confirm the appointment of a person as an enduring guardian under subsection
(6) only if the Tribunal is satisfied that the appointor did not intend the
appointment to terminate if one or more of the other joint enduring guardians
died, resigned or became incapacitated.
(8) If the Tribunal confirms the
appointment of a person as an enduring guardian under subsection (6), the
instrument appointing the person is taken to have appointed the person to act
severally if each other appointee has died, resigned or become incapacitated.
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