Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 16

16 Advice from proposed appointee about appropriateness and competence

(1) An individual who has agreed to a proposed appointment (a
"proposed appointee" ) must advise the tribunal before the tribunal makes an order appointing the proposed appointee whether he or she—

(a) is under 18 years; or

(b) is, or has ever been, a paid carer for the adult; or

(c) is a health provider for the adult; or

(d) has any criminal history, whether in Queensland or elsewhere; or

(e) has been, whether in Queensland or elsewhere, refused, or removed from, appointment as a guardian, administrator, attorney or other person making a decision for someone else; or

(f) for a proposed appointment as administrator—

(i) is bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or

(ii) has ever been bankrupt or taken advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or

(iii) is proposing to make, or has ever made, an arrangement with his or her creditors under the Bankruptcy Act 1966 (Cwlth) , part 10 or a similar law of a foreign jurisdiction; or

(iv) is or was a director, secretary or partner, or is or was involved in the management, direction or control of a corporation, partnership or other entity that is proposing to be, is or has been, under external administration.

Penalty—

Maximum penalty—40 penalty units.

(2) The proposed appointee must also advise the tribunal of any likely conflict between—

(a) the duty of the proposed appointee if appointed as guardian or administrator towards the adult; and

(b) either—

(i) the interests of the proposed appointee or a person in a close personal or business relationship with the proposed appointee; or

(ii) another duty of the proposed appointee as guardian or administrator for another person.

Penalty—

Maximum penalty—40 penalty units.

(3) The proposed appointee must give the advice by statutory declaration or on oath or affirmation if required by the tribunal.

Penalty—

Maximum penalty—40 penalty units.

(4) In this section—

"attorney" means—

(a) an attorney under a power of attorney; or

(b) an attorney under an advance health directive or similar document under the law of another jurisdiction.

"power of attorney" means—

(a) a general power of attorney made under the Powers of Attorney Act 1998 ; or

(b) an enduring power of attorney; or

(c) a power of attorney made otherwise than under the Powers of Attorney Act 1998 , whether before or after its commencement; or

(d) a similar document under the law of another jurisdiction.