ACT Government Country Resources Capacity related legislation Australian Capital Territory 31 December 1991 Legislation/regulation

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Guardianship and Management of Property Act 1991

Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
Part 1A Important concepts and principles
4 Principles to be followed by decision-makers 3
5 When does someone have impaired decision-making ability? 4
5A What are a person’s interests? 4
6 Meaning of carer 5
6A Limits on finding impaired decision-making ability 5
7 Appointment and powers of guardians 7
7A Appointment of guardians under direction 8
7B Restriction on powers of guardians 8
8 Appointment and powers of managers 9
8AA Manager for missing person’s property 10
8AB Missing people’s property—who may apply for appointment of
manager? 11
8AC Missing people’s property—powers and term of manager 12
8A Restriction on power to appoint manager outside ACT 12
8B Effect on guardian or manager of enduring power of attorney in
relation to health care 13
8C May a guardian or manager be appointed for a child? 13
9 Who may be appointed 13
10 Considerations affecting appointment 14
11 Powers to be least restrictive 15
12 Recognition of interstate etc guardians and managers 16
13 Authority of guardian or manager 16
14 Restrictions on manager about property 16
15 Fees and expenses 17
Division 2.2 Supervision
16 Directions by ACAT 17
17 Restrictions on ACAT’s power to give directions 17
18 Advice by ACAT 18
19 Regular review of guardians and managers 18
Division 2.3 Matters relating to management
20 Access to records 19
21 Payments for maintenance etc 19
22 Receipt of amounts 20
23 Execution of instruments 20
24 Investments 20
25 Real estate 21
26 Accounts 21
27 Examination of accounts 22
27A Missing people’s property—liability of manager and third party
dealings 23
Division 2.4 Cessation of guardianship or management
28 Resignation 23
29 Death of represented person 23
30 Manager may act until notified of discharge etc 24
30A Missing people’s property—ending of order 24
31 Removal by ACAT 24
32 Surviving or substitute guardians etc 25
32A Definitions—pt 2A 27
32B Who is a health attorney for a protected person? 28
32C Who is a carer for a protected person? 29
32D Health attorney may give consent 29
32E Decision-making principles apply 30
32F Decision about health attorney 30
32G Health professional must give information to health attorney 31
32H Referring matters to public advocate—refusal of consent 32
32I Referring matters to public advocate—disagreement between health
attorneys 32
32J Notice to public advocate—long term treatment 33
32K Protection of health attorney from liability 33
32L Protection of health professional from liability 34
32M Preservation of liability 34
32N Urgent medical treatment 34
Part 3 Powers of attorney and ACAT
61 Definitions—pt 3 35
62 ACAT directions etc for enduring powers of attorney 35
63 Reference of power of attorney matters to Supreme Court 36
64 Giving accounts to public advocate—enduring powers of attorney 36
65 Declaration about decision-making capacity 37
66 Removing attorneys 37
Part 5 Miscellaneous
67 Temporary appointments 38
68 Emergency removal of disabled persons 38
68A Emergency orders—enduring powers of attorney 40
68B ACAT’s power to revoke health direction 40
69 Capacity to consent to medical etc procedures 41
70 ACAT may consent to prescribed medical procedures 42
71 Power to adjust transactions 43
72 Injunctions to restrain dealings 44
72A Notice of hearing 44
72B Authority for medical or other examinations 45
72C Power to obtain information and documents 46
73 Acts and omissions of representatives 47
74 Criminal liability of executive officers 48
75 Determination of fees 48
75A Approved forms 49
77 Regulation-making power 49
Dictionary 50
Endnotes
1 About the endnotes 53
2 Abbreviation key 53
3 Legislation history 54
4 Amendment history 61
5 Earlier republications 74

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