Exercise of authority by guardian
26 Exercise of authority by guardian
A guardian under this Act must – promote the personal and social well-being of the person under guardianship; and act in accordance with the principles set out in section 8; and have regard to the decision-making process set out in section 9; and act honestly, diligently and in good faith; and treat the person under guardianship with respect and dignity; and communicate with the person under guardianship by means that the person will be best able to understand; and keep the person under guardianship informed about decisions made, information obtained and steps taken by the guardian, as appropriate in the circumstances; and regularly consult with any other guardian or administrator of the person under guardianship and keep them informed about substantial decisions or actions, subject to the terms of the guardian’s appointment; and act as an advocate for the person under guardianship where possible; and encourage and support the person under guardianship to develop the person's decision-making ability in respect of decisions where possible; and protect the person under guardianship from violence, neglect, abuse and exploitation.
A guardian must make reasonable efforts – to ascertain whether the person under guardianship has given an advance care directive; and if the person under guardianship has given an advance care directive, to obtain a copy of that advance care directive.
This Act’s bill:Explanatory notesSecond reading speech
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