Version No. 089
Guardianship and Administration Act 1986
No. 58 of 1986
Version incorporating amendments as at
23 October 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Objects of Act
Part 3—The Public Advocate
14The Public Advocate
15Functions of the Public Advocate
16Powers and duties of the Public Advocate
17Staff of office of the Public Advocate
18Delegation
18APowers of inspection
Part 4—Guardianship orders
Division 1—Application for guardianship order
19Application for guardianship order
20Who is entitled to notice of an application?
21Date for hearing
Division 2—Appointment of guardian
22Guardianship order
23Persons eligible as guardians
Division 3—Powers and duties of guardian
24Authority of plenary guardian
25Authority of limited guardian
26Power to enforce guardianship order
27Special powers in respect of persons with a disability
28Exercise of authority by guardian
28AExercise of authority by guardian under Medical Treatment Planning and Decisions Act 2016
29Ancillary powers of guardian
30Guardian may seek advice
31Notice of death of represented person
Division 4—Temporary orders
32Application for temporary order
33Temporary order
Division 5—Appointment of alternative guardian
34Appointment of alternative guardian
35Authority of alternative guardian
Part 4A—Special medical procedures
Division 1—Preliminary
36Persons to whom Part applies
38Best interests
Division 2—Consent
39Tribunal may consent to special medical procedure
40Effect of consent
41Refusal of special medical procedure under an advance care directive
42Unlawful consent to special medical procedure an offence
Division 4—Applications to the Tribunal
42BApplication for consent of Tribunal to special medical procedure
42DDate for hearing
42EConsent of Tribunal to special medical procedure
42FTribunal may confer authority to consent to continuing or further special medical procedure
42GSpecial medical procedure without consent of Tribunal an offence
Part 5—Administration orders
Division 1—Application for administration order
43Application for administration order
44Who is entitled to notice of an application?
45Date for hearing
Division 2—Appointment of administrator
46Appointment of administrator
47Persons eligible as administrators
47ARemuneration of professional administrator
47BPayment of costs and expenses to administrator or former administrator from estate
Division 3—Powers and duties of administrator
48Power of administrator
49Exercise of power by administrator
50Ancillary powers of administrator
50APower to make gifts
51Powers of investment
52Restriction on powers of represented person to enter into contracts etc.
53Interest of represented person in property not to be altered by sale or other disposition of property
53AException to ademption applies regardless of testamentary capacity
54Tribunal may open will
55Administrator may seek advice
56Application to the Tribunal by a creditor etc.
57Power to administrator to act until notice of discharge etc. received
58Accounts
58AAGuardianship and Administration Fund
58ABNotice of death of represented person
58APower to make regulations setting fees
Division 3A—Additional powers and duties of administrators
58BPowers and duties in relation to represented persons
58CExercise of certain powers
58DAction upon a person ceasing to be a represented person
58ERepresented person entitled to inspection of accounts
58FSale of personal effects if unclaimed within 2 years from date of discharge
58GPower to open will
Division 4—Temporary orders
59Application for temporary order
60Temporary order
Part 5A—Administration orders in respect of the estate of a missing person
60AAApplication for administration in…