Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 23

23 Appointment without knowledge of enduring document

(1) This section applies if—

(a) the tribunal gives power for a matter for an adult to a guardian or an administrator without knowledge of the existence of an enduring document giving power for the matter to an attorney for the adult; and

(b) the guardian or administrator becomes aware of the existence or purported existence of the enduring document.

(2) If the guardian or administrator becomes aware of the existence or purported existence of the enduring document, the guardian’s or administrator’s power for the matter is suspended pending review of the appointment of the guardian or administrator.

Editor’s note—

Note section 56 (Protection if unaware of change of appointee’s power).

(3) The guardian or administrator must advise the tribunal in writing of the existence or purported existence of the enduring document as soon as practicable.

Penalty—

Maximum penalty—40 penalty units.

(4) If the tribunal receives an advice under subsection (3) , the tribunal must review the appointment of the guardian or administrator.

(5) Part 3 , division 2 applies to the review.