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GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 57

Amendment of s 29 (Meaning of eligible attorney)

57 Amendment of s 29 (Meaning of eligible attorney)

(1) Section 29 (1) (a) to (d)
omit, insert —
(a) a person who—
(i) has capacity for the matter and is at least 18 years; and
(ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and
Note—
See schedule 3 for the definition
"paid carer" .
(iii) is not a health provider for the principal; and
Note—
See schedule 3 for the definition
"health provider" .
(iv) is not a service provider for a residential service where the principal is a resident; and
(v) if the person would be given power for a financial matter—is not 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
(b) for a financial matter only—
(i) the public trustee; or
(ii) a trustee company under the Trustee Companies Act 1968 ; or
(c) for a personal matter only—the public guardian.
(2) Section 29 (2) (a) to (c)
omit, insert —
(a) a person who has capacity for the matter who is—
(i) at least 18 years; and
(ii) not a paid carer, or health provider, for the principal; and
Note—
See schedule 3 for the definitions
"paid carer" and
"health provider" .
(iii) not a service provider for a residential service where the principal is a resident; or
(b) the public guardian.



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