Tutors generally
7.15 Tutors generally
(cf SCR Part 63, rules 4 and 5; DCR Part 45, rules 4 and 5; LCR Part 34, rules 5 and 6)
Subject to this Division, a person may become the tutor of a person under legal incapacity without the need for any formal instrument of appointment or any order of a court.
Any person (other than a corporation) is eligible to be the tutor of a person under legal incapacity, in respect of any proceedings, unless the person is—
a person under legal incapacity, or
a judicial officer, a registrar or any other person involved in the administration of a court, or
a person who has an interest in the proceedings adverse to the interests of the person under legal incapacity.
In the case of proceedings with respect to the estate of a person whose estate is subject to management under the NSW Trustee and Guardian Act 2009, the tutor of that person is to be the person who has the management of the person’s estate under that Act.
Subrule (3) does not apply if the person concerned declines to act as tutor or is unable to act as tutor, or if the court orders otherwise.
A person may not replace another person as tutor of a person under legal incapacity except by order of the court.
Anything that these rules authorise or require a party to do in relation to the conduct of proceedings may, if the party is a person under legal incapacity, be done on his or her behalf by his or her tutor.
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