Guardianship and Administration Act 1995

The Tribunal may only appoint as a guardian for a proposed represented person – a person who is eligible for appointment under subsection (2); or if the Tribunal is satisfied that no person is eligible for appointment as a guardian for the proposed represented person under subsection (2), the Public Guardian.

A person who is of or over the age of 18 years is eligible for appointment as a guardian for a proposed represented person if – the person consents to act as a guardian; and in the Tribunal’s opinion, the person – understands their obligations and duties and will act in accordance with the requirements of this Act; and is a suitable person to act as a guardian for the proposed represented person in respect of the personal matters specified in the guardianship order under section 20(3)(a).

For the purposes of subsection (2)(a), a person consents to act as guardian if the person gives to the Tribunal a written declaration, in a form approved by the Tribunal, that states the following:that the person consents to act as a guardian for the represented person; that the person understands the person's obligations and duties under this Act; that the person understands the consequences of failing to comply with the person's obligations and duties under this Act; that the person undertakes to act in accordance with this Act; such other information, if any, as may be prescribed.

For the purposes of subsection (2)(b)(ii), in determining whether a person is a suitable person to act as a guardian for a represented person, the Tribunal must take into account the following:the wishes and preferences of the proposed represented person, so far as they can be ascertained; the desirability of preserving existing relationships that are important to the proposed represented person; the compatibility of the person proposed as guardian with the proposed represented person and with the administrator (if any) for the proposed represented person; the extent to which the person’s interests may conflict with the interests of the proposed represented person; the desirability of appointing a person who has a personal relationship with the proposed represented person, rather than a person without such a relationship; whether the person will be available to act as the proposed represented person's guardian; whether the person has the requisite skills and access to appropriate support to competently perform the role.

For the purposes of subsection (4)(d) – the fact that the person is a close family member of the proposed represented person does not, of itself, mean that the person's interests are likely to conflict with the interests of the proposed represented person; and the fact that the person may be a beneficiary of the proposed represented person's estate on the proposed represented person's death does not, of itself, mean that the person's interests are likely to conflict with the interests of the proposed represented person; and the fact that the person is in conflict with a close family member of the proposed represented person does not, of itself, mean that the person's interests are likely to conflict with the interests of the proposed represented person.