GUARDIANSHIP AND ADMINISTRATION ACT 1993 - PART 4 PART 4 ORDERS FOR
GUARDIANSHIP OR ADMINISTRATION

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 1 DIVISION
1-INVESTIGATIONS

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 28 Investigations by
Public Advocate

  28. (1) The Public Advocate must, if the Board so directs after an
application has been lodged with the Board for an order under this Part,
investigate the affairs of the person the subject of the application.

  (2) On completing an investigation carried out at the direction of the
Board, the Public Advocate must furnish the Board with a copy of the report of
the investigation.

  (3) The Board may receive the copy of the report in evidence and may have
regard to the matters contained in the report.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 2 DIVISION
2-GUARDIANSHIP ORDERS

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 29 Guardianship
orders

  29. (1) If the Board is satisfied, on an application made under this
Division-
  (a) that the person the subject of the application has a mental incapacity;
and
  (b) that the person the subject of the application does not have an enduring
guardian; and
  (c) that an order under this section should be made in respect of the
person,
the Board may, by order, place the person under-
  (d) the limited guardianship; or
  (e) if satisfied that an order under paragraph (d) would not be appropriate,
the full guardianship,
of such person or persons as the Board considers, in all the circumstances of
the case, to be the most suitable for the purpose.

  (2) A limited guardianship order is an order by which the Board specifies
the particular aspects of the protected person's care or welfare that are to
be the responsibility of the appointed guardian or guardians.

  (3) A guardian must be a natural person.

  (4) The Public Advocate may be appointed as the guardian, or one of the
guardians, of the person, but only if the Board considers that no other order
under this section would be appropriate.

  (5) A person who cares for the protected person on a professional basis
cannot be appointed as a guardian of the person.

  (6) A guardianship order may be subject to such conditions or limitations
(including a limitation as to the duration of the order) as the Board thinks
fit and specifies in the order.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 30 Variation or
revocation of guardianship order

  30. The Board may, on an application made under this Division, by order-
  (a) vary a guardianship order; or
  (b) revoke a guardianship order.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 31 Powers of
guardian

  31. A person appointed as a guardian under this Part has and may exercise,
subject to the terms of the Board's order, all the powers a guardian has at
law or in equity.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 32 Special powers to
place and detain, etc., protected persons

  32. (1) The Board, on application made by a guardian at the time of his or
her appointment under this Part, or at any subsequent time-
  (a) may, by order, direct that the protected person reside-
    (i) with a specified person or in a specified place; or
    (ii) with such person or in such place as the guardian from time to
time thinks fit,
according to the terms of the Board's order; and
  (b) may, by order, authorise the detention of the protected person in the
place in which he or she will so reside; and
  (c) may, by order, authorise the persons from time to time involved in the
care of the protected person to use such force as may be reasonably necessary
for the purpose of ensuring the proper medical treatment, day-to-day care and
well-being of the person.

  (2) The Board cannot make an order under subsection (1) unless it is
satisfied that, if such an order were not to be made and carried out, the
health or safety of the protected person or the safety of others would be
seriously at risk.

  (3) Nothing in this section empowers the placement or detention of a
protected person in-
  (a) a correctional institution or any other place in which persons charged
with or convicted of offences may be detained; or
  (b) any part of an approved treatment centre under the Mental Health Act
1993 that is set aside for the treatment of persons with a mental illness.

  (4) While an order for the placement or detention of a protected person is
in force under this section-
  (a) the guardian or a member of the police force may enter any premises and
take the protected person, or cause him or her to be taken, using only such
force as is reasonably necessary for the purpose, to the place in which he or
she is to be placed or detained, and any person who assists the guardian or
member of the police force in the matter incurs no liability for doing so;
and
  (b) the person in charge of the premises in which a protected person is
being detained pursuant to the order may take, or cause to be taken, such
action as is reasonably necessary for the purpose of preventing the protected
person from leaving the premises or for bringing the person back should he or
she leave without lawful authority or excuse; and
  (c) any person who takes any such action under paragraph (b) in good faith
and with the authority of the person in charge of the premises incurs no
liability for doing so.

  (5) The Board may, on an application under this Division, vary or revoke an
order under this section.

  (6) Where a member of the police force has reasonable cause to believe that
a person who is being detained in any place pursuant to powers conferred under
this section is unlawfully at large, the member may, without warrant, enter
any place in which he or she believes on reasonable grounds that the protected
person may be and apprehend the person, using only such force as is reasonably
necessary for the purpose, and may return the person to the place in which he
or she is being so detained.

  (7) A person who, without lawful authority or excuse, removes a person who
is being detained in any place pursuant to powers conferred under this Act
from that place, or aids or abets the person unlawfully to leave that place,
is guilty of an offence.
Penalty: Division 5 fine.


GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 33 Applications under
this Division

  33. (1) An application under this Division (other than under section 32(1))
may be made by-
  (a) the person to whom the proceedings relate; or
  (b) the Public Advocate, on his or her own initiative, or at the request and
on behalf of the person to whom the proceedings relate; or
  (c) a relative, guardian or medical agent of the person; or
  (d) an administrator of the person's estate; or
  (e) any other person who satisfies the Board that he or she has a proper
interest in the welfare of the person.

  (2) Applications under this Division must be made in the manner and form
determined by the Board.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 34 Reciprocal
guardianship arrangements

  34. (1) If the Minister is satisfied that the laws of another State or a
Territory of the Commonwealth relating to the guardianship of persons with a
mental incapacity correspond sufficiently with this Act, the Minister may
enter into arrangements with the relevant Minister in that State or Territory
for the administration of guardianship orders made in respect of mentally
incapacitated persons who wish to enter this State from that State or
Territory or to enter that State or Territory from this State.

  (2) If such an arrangement exists, a guardianship order made in the other
State or Territory has, while the person to whom it relates is in this State,
force and effect according to its terms as if it had been made under this Act.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 3 DIVISION
3-ADMINISTRATION ORDERS

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 35 Administration
orders  

  35. (1) If the Board is satisfied, on an application made under this
Division-
  (a) that the person the subject of the application has a mental incapacity;
and
  (b) that an order under this section should be made in respect of the
person,
the Board may, by order, appoint an administrator, or administrators, of-
  (c) a specified part of the person's estate (a "limited administration
order"); or
  (d) if satisfied that an order under paragraph (c) would not be appropriate,
the whole of the person's estate (a "full administration order").

  (2) Any of the following may be appointed as an administrator under this
section:
  (a) the Public Trustee;
  (b) a trustee company under the Trustee Companies Act 1988;
  (c) any natural person who the Board considers suitable to act as
administrator of the person's estate.

  (3) The Public Trustee may only be appointed as a sole administrator under
this section.

  (4) An administration order-
  (a) may be subject to such conditions or limitations (including a limitation
as to the duration of the order) as the Board thinks fit and specifies in the
order; and
  (b) may confer such further powers (beyond those conferred by this Act) on
the administrator as the Board thinks necessary or desirable for the proper
administration of the estate and specifies in the order.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 36 Variation or
revocation of administration order

  36. The Board may, on an application made under this Division, by order-
  (a) vary an administration order; or
  (b) revoke an administration order.


GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 37 Applications under
this Division  
  
  37. (1) An application for an order under this Division may be made by-
  (a) the person the subject of the application; or
  (b) the Public Advocate, on his or her own initiative, or at the request and
on behalf of the person the subject of the application; or
  (c) a relative, guardian appointed under this Act or medical agent of the
person; or
  (d) an administrator of the person's estate; or
  (e) any other person who satisfies the Board that he or she has a proper
interest in the welfare of the person.

  (2) Applications under this Division must be made in the manner and form
determined by the Board.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 38 Copy of order
must be forwarded to Public Trustee

  38. The Board must, on making an order under this Division, cause a copy of
the order to be forwarded to the Public Trustee.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 39 Powers and duties
of administrator

  39. (1) Where an administrator is appointed under this Division-
  (a) the estate the subject of the order does not vest in the administrator
but, subject to this Act, he or she has the control and management of it;
  (b) the administrator has the duties and obligations of and is accountable
as a trustee in relation to the estate and the protected person.

  (2) Subject to this Act and the terms of the administration order, an
administrator may-
  (a) sell, either by public auction or private contract, any property, or
interest in property, of the protected person; or
  (b) purchase or otherwise acquire as an investment any property (being an
authorised trustee investment) on behalf of the protected person, whether as a
sole proprietor, joint tenant or tenant in common; or
  (c) pay any amount necessary to provide proper accommodation for the
protected person and, in appropriate circumstances, for a spouse or dependent
child of the protected person; or
  (d) take on lease or concur in taking on lease any property on behalf of the
protected person; or
  (e) lease or concur in the leasing of any property of the protected person;
or
  (f) insure any property of the protected person; or
  (g) pay all rates, taxes, insurance premiums or other outgoings payable in
respect of the protected person's property; or
  (h) surrender any policy of life assurance vested in the protected person;
or
  (i) grant powers of attorney to any person in or out of the State to do any
act or thing with respect to the property that the administrator has power to
do under this section; or
  (j) institute or defend, in the administrator's own name or in the name of
the protected person, any action, suit or other proceeding relating to the
protected person's estate and suffer judgment to go by default, or consent to
any judgment, decree, or order in the action, suit or proceeding, upon such
terms as he or she thinks fit; or
  (k) compromise any claims or demands made against or by or on behalf of the
protected person or his or her estate, upon such terms as the administrator
thinks fit; or
  (l) submit or join in the submission of any claim or dispute to arbitration,
and take any action necessary to facilitate the arbitration of any claim or
dispute; or
  (m) take criminal proceedings concerning the property; or
  (n) demand and receive all money payable or belonging to the protected
person and take any action necessary to recover that money; or
  (o) apply money belonging to the protected person (whether income or
capital) in or towards the payment of any debt, obligation or liability of the
protected person, or incurred by the administrator in the exercise of powers
or duties under this Division; or
  (p) discharge any mortgage over the protected person's property; or
  (q) surrender, assign or otherwise dispose of, with or without
consideration, any onerous property; or
  (r) surrender or concur in surrendering any lease on behalf of the protected
person; or
  (s) accept a surrender of any lease on behalf of the protected person; or
  (t) perform contracts entered into by the protected person; or
  (u) exercise the powers of a proprietor under the Real Property Act 1886 in
relation to any land, or interest in land, of the protected person; or
  (v) lodge a caveat in respect of any land under the provisions of the Real
Property Act 1886 in which the administrator claims that the protected person
has an interest; or
  (w) apply, in the administrator's discretion, and in such manner and to such
extent as he or she thinks fit, any property for the maintenance or benefit of
the protected person, the maintenance of the spouse of the protected person,
or for the maintenance, education or advancement of the children or
grandchildren of the protected person, or for the payment of the expenses of
his or her funeral; or
  (x) take up any rights to the issue of new shares to which the protected
person becomes entitled (whether an authorised trustee investment or not); or
  (y) carry on any trade or business of the protected person; or
  (z) repair any of the property or expend money in the improvement of any
property of the protected person by way of building or otherwise; or
  (za) apply for and, if granted, undertake administration for the use and
benefit of the protected person during his or her incapacity where the
protected person would, but for that incapacity, be entitled to a grant of
probate or administration; or
  (zb) execute any instruments for the purposes of exercising his or her
powers under this section; or
  (zc) exercise any other powers conferred on the administrator by or under
this Act or any other Act.

  (3) The regulations-
  (a) may prescribe limits as to the amount of money that can be expended by
an administrator in the exercise of any particular power under this section;
and
  (b) may provide that any such limit can be exceeded only with the approval
of the Board.

  (4) An administrator cannot sell, lease (except for a period not exceeding
two years) or otherwise dispose of any real property or purchase, take on
lease (other than for the accommodation of the protected person) or otherwise
acquire any real property, without the approval of the Board.

  (5) Nothing in this section obliges an administrator to convert any property
into an authorised trustee investment.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 40 Administrator's
access to wills and other records

  40. (1) Subject to the terms of his or her appointment, an administrator is
entitled to view, and take an extract from or copy of, any will or other
testamentary disposition of the protected person and any records relating to
the protected person's property.

  (2) A person who has the custody or control of a document referred to in
subsection (1) must allow the administrator access to it.
Penalty: Division 7 fine.

  (3) An administrator must not, except with the authority of the Board,
disclose the contents of a will or other testamentary disposition to which he
or she has had access pursuant to this section to any person other than the
protected person.
Penalty: Division 6 fine.



GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 41 Power of
administrator to continue to act after death, etc., of protected
person

41. (1) Notwithstanding the death of the protected person or the revocation
of the administrator's appointment, an administrator may continue to exercise
his or her powers under this Division until he or she is notified or becomes
aware of the death or revocation.

  (2) Notwithstanding that an administrator has been notified or has become
aware of the death of the protected person, he or she may pay the funeral
expenses of the protected person out of the estate.

  (3) The Board may, by notice in writing addressed to the administrator,
authorise the exercise of powers by the administrator for a further period,
not exceeding two months after the death of the protected person, subject to
such limitations and conditions as the Board may specify in the notice.

  (4) An authorisation under subsection (3) is revoked upon the grant of
probate or letters of administration in respect of the protected person's will
or estate.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 42 Power of
administrator to avoid dispositions and contracts of protected person

  42. (1) Subject to this section-
  (a) a disposition of property made by a person while his or her estate is
subject to administration under this Division; or
  (b) a contract entered into by a person while his or her estate is subject
to administration under this Division,
is voidable at the option of the administrator.

  (2) A transaction cannot be avoided by an administrator under subsection (1)
if the other party to the transaction did not know and could not reasonably be
expected to have known that the person with whom he or she dealt had a mental
incapacity.

  (3) The Board may, by order, exempt a disposition of property or contract
from the operation of this section if the Board is satisfied that to do so
would be for the benefit of the protected person and that he or she has an
adequate understanding of the nature of the transaction.

  (4) Nothing in this section affects the law relating to testamentary
dispositions.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 43 Where
administration has disturbed entitlements of beneficiaries, the Supreme
Court has power to intervene
  
  43. (1) Where at the death of a protected person or former protected person
who died leaving a will it appears that, in consequence of any dealing with
the estate by an administrator, the share of any beneficiary in that estate
under the will has been affected, the Supreme Court may, on application by an
interested person, make such orders as it thinks just to ensure that no
beneficiary gains a disproportionate advantage, or suffers a disproportionate
disadvantage, of a kind not contemplated by the will, in consequence of the
estate having been subject to administration under this Division.

  (2) An order made by the Court under subsection (1) operates and takes
effect as if it had been made by a codicil to the will of the protected person
or former protected person executed immediately before his or her death.

  (3) The Court must, on making an order under subsection (1), direct that a
certified copy of the order be made on the probate (or letters of
administration) of the will and may, for the purpose, require the production
of the relevant document.

  (4) An application under this section must be made within six months from
the date of the grant in this State of probate or letters of administration
unless the Court, after hearing such of the persons affected as the Court
thinks necessary, extends the time for making the application.

  (5) An extension of time granted under subsection (4) may be granted-
  (a) on such conditions as the Court thinks fit; and
  (b) whether or not the time for making an application under this section has
expired.

  (6) An application for extension of time must be made before the final
distribution of the estate.

  (7) A distribution of any part of the estate made before an application for
extension of time will not be disturbed by reason of the application or any
order made on the application.

  (8) This section does not apply in respect of the will of a person who died
before 1 January 1985.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 44 Reporting
requirements for private administrators

  44. (1) An administrator of a protected person's estate (other than the
Public Trustee) must provide the Board and the Public Trustee, at such times
as the Board determines, with a statement of the accounts of the estate,
showing-
  (a) the assets and liabilities of the estate; and
  (b) the income and expenditure of the estate over a specified period; and
  (c) such other particulars relating to the estate as the Public Trustee may
require.

  (2) An administrator who fails, without reasonable excuse, to furnish a
statement in accordance with subsection (1) is guilty of an offence.
Penalty: Division 6 fine.

  (3) A statement under this section must-
  (a) be in a form approved by the Public Trustee; and
  (b) be verified by the statutory declaration of the administrator and
supported by such other evidence (if any) as the Board or the Public Trustee
may require.

  (4) The Public Trustee must examine and report to the Board on the statement
of accounts and-
  (a) may cause the accounts to be audited at the cost of the protected
person's estate; and
  (b) may, if of the opinion that the administrator, in making any expenditure
in the exercise, or purported exercise, of his or her powers as administrator,
did not act in good faith or with reasonable care, recommend to the Board the
disallowance of that item of expenditure; and
  (c) may report on any other matter pertaining to the administration of the
estate that the Public Trustee thinks ought to be drawn to the attention of
the Board.

  (5) The Board, after considering a recommendation for the disallowance of an
item of expenditure and hearing the administrator and any other person the
Board thinks fit on the matter-
  (a) may approve the item of expenditure; or
  (b) if satisfied that, in making the expenditure, the administrator had not
acted in good faith or with reasonable care in the exercise of his or her
powers as administrator, may disallow the item of expenditure.

  (6) Where the Board disallows an item of expenditure pursuant to subsection
(5), the administrator is personally liable to the protected person for the
amount of the expenditure and to the Public Trustee for such of the costs and
expenses incurred by the Public Trustee in relation to the disallowance as are
allowed by the Board.

  (7) The Board must allow the protected person or, if the protected person
does not, in the opinion of the Board, have the mental capacity to comprehend
the contents, such other person or persons as the Board thinks appropriate, to
have access to and to take a copy of-
  (a) a statement of accounts furnished by an administrator under this
section; and
  (b) if those accounts are audited, the accounts as so audited; and
  (c) the Public Trustee's report on the statement of accounts.



GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 45 Reporting by
Public Trustee

    45. (1) If the Public Trustee is the administrator of a protected person's
estate, the Public Trustee must, at intervals determined by the Board, furnish
the Board with a statement of the accounts of the estate, showing-
  (a) the assets and liabilities of the estate; and
  (b) the income and expenditure of the estate over a specified period; and
  (c) such other particulars relating to the estate as the Board may require.

  (2) The Board may, by notice in writing addressed to the Public Trustee,
disallow any item of expenditure shown in the statement of accounts if the
Board is satisfied that the Public Trustee, in making the expenditure, had not
acted with reasonable care in the exercise of powers as an administrator.

  (3) Where the Board disallows an item of expenditure pursuant to subsection
(2), the Crown is liable to the protected person for the amount of the
expenditure.

  (4) The Board must allow the protected person or, if the protected person
does not, in the opinion of the Board, have the mental capacity to comprehend
the contents, such other person or persons as the Board thinks appropriate, to
have access to and to take a copy of a statement of accounts furnished under
this section.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 46 Remuneration of
professional administrators

  46. (1) Subject to subsection (3), an administrator who carries on a
business of or including the administration of estates (whether under this Act
or otherwise) is entitled to remuneration out of the estate of the protected
person for the work involved in administering that estate (whether the work
was or is performed before or after the commencement of this Act) if the Board
so determines.

  (2) The rate of remuneration will be the prescribed rate unless the Board
thinks good reason exists for fixing some other higher or lower rate in
relation to any particular estate and orders accordingly.

  (3) Before fixing a higher rate of remuneration in relation to the estate of
a protected person, the Board must consider any representations made by the
Public Advocate on behalf of the protected person.

  (4) Nothing in subsection (1) affects the right of the Public Trustee or a
trustee company to recover charges and expenses in accordance with any other
applicable law.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 47 Registration of
administration orders


  47. (1) An administration order may be registered under the Registration of
Deeds Act 1935 as an instrument affecting the title to any land in which the
protected person has a legal or equitable estate or interest.

  (2) A memorandum of an administration order may, on application to the
Registrar-General in a manner and form determined by the Registrar-General, be
entered in the register book in relation to any land in which the protected
person has an estate or interest registered under the Real Property Act 1886.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 48 Reciprocal
administration powers with certain states  

  48. (1) The Minister may, by notice in the Gazette-
  (a) declare any country, state or territory to be a reciprocal state for the
purposes of this section;
  (b) vary or revoke any notice under this section.

  (2) If an authority invested by the laws of any reciprocal state with the
custody or administration of the estate of a person with a mental incapacity-
  (a) certifies in writing to the Public Trustee that the person has property
in this State; and
  (b) by instrument in writing authorises the Public Trustee to administer
that property within this State,
the Public Trustee has and may exercise in respect of that property all the
powers that could be exercised if he or she were the administrator of the
estate of that person.

  (3) Where it appears to the administrator of the estate of a protected
person that the protected person has property in a reciprocal state, the
administrator may, by instrument in writing directed to the authority of that
reciprocal state who is or may be invested by its laws with the custody or
administration of the estates of persons (however described under those laws)
who have a mental incapacity-
  (a) certify that he or she has the control and management of the estate of
the protected person; and
  (b) authorise the authority to administer the property of the protected
person that is in the reciprocal state.

  (4) An administrator may revoke or vary an authority given under subsection
(3).

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - DIVISION 4 DIVISION
4-PROVISIONS APPLICABLE TO GUARDIANS AND ADMINISTRATORS APPOINTED UNDER
THIS PART

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 49 Withdrawal of
applications

  49. Nothing in this Act will be taken to prohibit a person from withdrawing
an application made by him or her under this Part at any time prior to a final
determination being made on it by the Board.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 50 Criteria for
determining suitability for appointment  

  50. (1) In determining the suitability of a person for appointment as a
guardian or administrator, the Board must have regard to-
  (a) whether the potential appointee and the protected person would be
incompatible;
  (b) whether there is some existing family arrangement or relationship that
should be preserved or should not be disturbed;
  (c) whether the potential appointee would be competent to discharge the
functions of guardian or administrator under the order and would do so in
accordance with the principles stated by this Act;
  (d) whether the potential appointee would be readily available for
discharging those functions;
  (e) whether any conflict of interest would arise from the appointment;
  (f) such other matters as the Board considers relevant.

  (2) The fact that a proposed appointee is related to the protected person by
blood or marriage will not, of itself, be taken to give rise to a conflict of
interest.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 51 Consent to
appointment

  51. A person (other than the Public Advocate or the Public Trustee) cannot
be appointed as a guardian or an administrator unless he or she consents to
the appointment.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 52 Joint appointments  

  52. If more than one guardian is appointed in respect of a protected person
or more than one administrator is appointed, all the guardians, or all the
administrators, as the case may require, must, subject to the order of
appointment, concur in every act done or decision made in relation to the
protected person, or to the protected person's estate.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 53 Commencement of
orders

  53. An order of the Board is operative on and from the day on which it is
made unless the Board specifies in the order that it is to operate from some
future specified date.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 54 Termination of
appointment  

  54. (1) The appointment of a person as a guardian or administrator
terminates if-
  (a) the person dies; or
  (b) the Board revokes the guardianship or administration order on an
application under Division 2 or 3; or
  (c) the Board revokes his or her appointment on an application under
Division 2 or 3.

  (2) The Board may, on an application made under Division 2 or 3, revoke the
appointment of a guardian or an administrator-
  (a) if the guardian or administrator seeks revocation of his or her
appointment; or
  (b) if the Board is satisfied that the guardian or administrator-
    (i) is not willing or able to act in that capacity; or
    (ii) is not a suitable person to act in that capacity in respect of the
protected person; or
    (iii) has, in that capacity, acted in an incompetent or negligent
manner or contrary to the principles stated by this Act; or
    (iv) has committed an offence against this Act or an offence involving
dishonesty.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 55 Board must give
statement of appeal rights
 
  55. (1) On making any decision or order under this Act in relation to a
person, the Board must cause the person to be given a written statement of-
  (a) the effect of the decision or order; and
  (b) his or her rights of appeal against the decision or order; and
  (c) the procedures for instituting any such appeal.

  (2) Wherever possible, the statement should be in the language with which
the person is the most familiar.

  (3) If the person is illiterate, or too disturbed to read and comprehend the
statement, the Board must cause such steps (if any) as may be practicable in
the circumstances to be taken to have the information contained in the
statement conveyed to the person.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 56 Restriction of
testamentary capacity of protected person

  56. (1) The Board may direct that any testamentary provisions by a protected
person be made only after compliance with such precautions as the Board thinks
fit to direct.

  (2) If, after the Board has given a direction under subsection (1), the
protected person makes a testamentary provision otherwise than in accordance
with that direction, the testamentary provision is ineffectual.

  (3) Except as provided by subsection (2), nothing in this section affects
the law relating to testamentary dispositions.

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 57 Review of Board's
orders 

  57. (1) The Board must review the circumstances of a protected person-
  (a) in the case of a protected person who is being detained in any place
pursuant to an order of the Board-within six months of the making of the order
and thereafter at intervals of not more than one year; and
  (b) in any other case-at intervals of not more than three years,
for the purpose of ascertaining whether the order or orders to which the
person is subject under this Act are still appropriate.

  (2) The Board may conduct a review in such manner as it thinks fit.

  (3) The Board must, on completion of a review, revoke the order or orders to
which the protected person is subject unless the Board is satisfied that there
are proper grounds for the order or orders remaining in force.

  (4) If the Board is satisfied that there are proper grounds for an order
remaining in force, the Board may, by order, vary the terms of the order.