1Under s 54 of the Guardianship and Administration Act 1995 (Tas), a proposed private administrator who cannot demonstrate understanding of the obligations and duties of the role, including statutory reporting requirements, will not be found eligible for appointment, even where the represented person expresses a preference for that person.
2Where the represented person has a permanent and deteriorating cognitive impairment (here, vascular dementia following stroke), complex financial and care decisions requiring lawful authority to enter contracts, and vulnerability to financial abuse, the Tribunal will find a need for administration and that no less restrictive alternative exists.
3A long period of estrangement between a proposed administrator and the represented person, combined with a lack of close relationship with the represented person's partner and other close family members with whom consultation under s 9 would be required, weighs against suitability for appointment.
