PRINCIPLES TO BE OBSERVED

Where a guardian or an administrator, the Public Advocate, the Guardianship Board, a court or any other person or body makes any decision or order in relation to a person or a person's estate, the Guardianship and Administration Act 1993 s 5 sets out principles that must be observed. Consideration must be given to:

  • what, in the opinion of the decision maker, would have been the wishes of the person if he or she were not mentally incapacitated
  • the present wishes of the person (where it is possible to establish these)
  • the adequacy of existing informal arrangements relating to care of the person and management of his or her financial affairs and to the desirability of not disturbing those arrangements
  • the least restriction of the person's rights and personal autonomy.
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Restrictions on enduring guardians
Need for an enduring guardian


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Need for an enduring guardian  :  Last Revised: Tue Nov 13th 2001
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