Matters to consider when deciding whether to appoint Public Trustee as litigation guardian
54A Matters to consider when deciding whether to appoint Public Trustee as litigation guardian
In determining whether the Public Trustee should act as a litigation guardian for a person in a proceeding (whether commenced before or after the commencement of this section), a court or tribunal must consider the following matters:
whether the Public Trustee has been appointed or otherwise empowered to act in a specified capacity in respect of the person;
whether there is a relative, friend or associate of the person who is willing and able to act as a litigation guardian for the person;
whether in all of the circumstances, and taking into account the nature of the litigation, the Public Trustee is the most appropriate person to act as a litigation guardian for the person.
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