Public Guardian Act 2014

This Act, to the extent it relates to an adult with impaired capacity for a matter, is to be read in conjunction with the Guardianship Act and the Powers of Attorney Act.

The Guardianship Act provides a scheme by which the tribunal may do the following—

appoint a guardian for an adult with impaired capacity for personal matters to make particular decisions and do particular other things for the adult in relation to the matters;

appoint an administrator for an adult with impaired capacity for financial matters to make particular decisions and do particular other things for the adult in relation to the matters;

consent to the withholding or withdrawal of a life-sustaining measure and to particular special health care.

The Guardianship Act also provides a scheme for health care for adults with impaired capacity for the matter concerned, including an order of priority for dealing with health care.

The Powers of Attorney Act provides a scheme by which—

by enduring power of attorney or advance health directive, an adult may authorise other persons to make particular decisions and do particular other things for the adult in relation to financial matters and personal matters at a time when the adult does not have capacity to do those things; and

by advance health directive, an adult may make directions for the adult’s future health care; and

a statutory health attorney is authorised to do particular things for an adult in particular circumstances in relation to health care.

If there is an inconsistency between this Act and the Guardianship Act, the Guardianship Act prevails.