Guardianship and Administration Act 1995

The Tribunal may, on an application under this section or on its own motion and after a hearing – revoke or amend an instrument of appointment of an enduring guardian if – the enduring guardian seeks revocation of the appointment; or the Tribunal is satisfied that the enduring guardian is not willing or able to act in that capacity; or the Tribunal is satisfied that the enduring guardian has, in that capacity – not acted to promote the personal and social well-being of the appointor; or acted in an incompetent or negligent manner or contrary to the provisions of this Act; or the Tribunal is satisfied that the circumstances of the appointor have changed to the extent that it is appropriate to revoke or amend the instrument; and if the Tribunal thinks fit, and is satisfied of the matters specified in 20(1)(b) and (c), appoint a guardian for the appointor of the enduring guardian.

The Tribunal may, on an application under this section or on its own motion and after a hearing – declare that an instrument of appointment of an enduring guardian or an instrument revoking the appointment of an enduring guardian is invalid if the Tribunal is satisfied that – the appointor did not have decision-making ability in respect of the making or revoking of the instrument; or the instrument is contrary to the provisions of this Act; or the appointor was induced to make the instrument by reason of dishonesty or undue influence; and if the Tribunal thinks fit, and if satisfied of the matters specified in 20(1)(b) and (c), appoint a guardian for the appointor of the enduring guardian.

An appointment of a person as a guardian under subsections (1)(b) or (1A)(b) has the same effect as if it had been made under Part 4.

The application – is to be in writing; and is to be lodged with the registrar; and is to contain the prescribed information.

The application may be made by – the Public Guardian; or the enduring guardian; or the appointor of the enduring guardian; or the administrator of the appointor's estate; or any other person who the Tribunal is satisfied has a proper interest in the matter.