Exercise of power by guardian
41 Exercise of power by guardian
A guardian—
must act in accordance with the general principles set out in section 8 and the decision-making principles set out in section 9; and
must act as an advocate for the represented person; and
must encourage and assist the represented person to develop the person's decision-making capacity in relation to personal matters; and
must act in such a way so to protect the represented person from neglect, abuse or exploitation; and
must act honestly, diligently and in good faith; and
must exercise reasonable skill and care; and
must not use the position for profit; and
must avoid acting if there is or may be a conflict of interest; and
must not disclose confidential information gained as a guardian unless authorised to do so under the guardianship order or by law.
A guardian who has the power to make medical treatment decisions for a represented person must comply with the Medical Treatment Planning and Decisions Act 2016 in relation to those decisions.
This Act’s bill:Explanatory memorandumSecond reading speech
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