Ratification or approval of exercise of power by informal decision-maker
154 Ratification or approval of exercise of power by informal decision-maker
The tribunal may, by order, ratify an exercise of power, or approve a proposed exercise of power, for a matter by an informal decision-maker for an adult with impaired capacity for the matter.
The tribunal may only approve or ratify the exercise of power for a matter if—
it considers the informal decision-maker proposes to act, or has acted, honestly and with reasonable diligence; and
the matter is not a special personal matter, a health matter or a special health matter.
The tribunal may make the order on its own initiative or on the application of the adult or informal decision-maker.
If the tribunal approves or ratifies the exercise of power for an adult for a matter—
the exercise of power is as effective as if the power were exercised by the adult and the adult had capacity for the matter when the power is or was exercised; and
the informal decision-maker does not incur any liability, either to the adult or anyone else, for the exercise of power.
In this section—informal decision-maker, for a matter for an adult, means a person who is—
a member of the adult’s support network; and
not an attorney under an enduring document, administrator or guardian for the adult for the matter.
This Act’s bill:Explanatory memorandum
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