Making of guardianship order
43 Making of guardianship order
Subject to section 4, where the State Administrative Tribunal is satisfied that a person in respect of whom an application for a guardianship order is made under section 40 —
has attained the age of 18 years;
is —
incapable of looking after his own health and safety;
unable to make reasonable judgments in respect of matters relating to his person; or
in need of oversight, care or control in the interests of his own health and safety or for the protection of others;
and
is in need of a guardian,
the Tribunal may by order declare the person to be in need of a guardian, and if it does so shall appoint —
a person to be a plenary guardian or a limited guardian and, if it is expedient, a person to be an alternate guardian; or
persons to be joint plenary guardians or joint limited guardians,
as the case may require, of the person in respect of whom the application is made.
Where under subsection (1) the State Administrative Tribunal declares that a person is in need of a guardian, it shall also declare the matter or matters set out in paragraph (b) of that subsection of which it is satisfied.
Subject to section 4, where the State Administrative Tribunal is satisfied that a person in respect of whom an application for a guardianship order is made under section 40 —
has attained the age of 17 but not 18 years; and
will, when he attains the age of 18 years, be —
incapable of looking after his own health and safety; or
unable to make reasonable judgments in respect of matters relating to his person; or
in need of oversight, care or control in the interests of his own health and safety or for the protection of others;
and
will, when he attains the age of 18 years, be in need of a guardian,
the Tribunal may by order declare the person will be in need of a guardian when he attains the age of 18 years, and if it does so shall appoint —
a person to be a plenary guardian or a limited guardian and, if it is expedient, a person to be an alternate guardian; or
persons to be joint plenary guardians or joint limited guardians,
as the case may require, of the person in respect of whom the application is made.
Where under subsection (2a) the State Administrative Tribunal declares that a person will be in need of a guardian, it shall also declare the matter or matters set out in paragraph (b) of that subsection of which it is satisfied.
An appointment made under subsection (2a) in respect of a person comes into operation on the day on which the person attains the age of 18 years.
An appointment under subsection (1) or (2a) may be made subject to such conditions and restrictions as the State Administrative Tribunal thinks fit.
An order appointing a limited guardian shall specify the functions that are vested in the limited guardian under section 46.
[Section 43 amended: No. 55 of 2004 s. 466; No. 5 of 2008 s. 57(1) and (2).]
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