132UAppointing litigation guardian for person with legal

132U Appointing litigation guardian for person with legal disability (1) This section applies in relation to a proceeding on an application for an order for a person (the relevant person) under this chapter if the Magistrates Court considers that the person is or may be a person with a legal disability. (2) The following people may be appointed as a litigation guardian for the relevant person: (a) an individual who is not a person with a legal disability; (b) the public advocate. (3) An individual is appointed under subsection (2) by filing with the Magistrates Court a statement— (a) about whether, to the best of the individual’s knowledge, the relevant person has a guardian or manager, other than the individual; and

People with legal disabilities Part 5A.6 (b) to the effect that the individual— (i) has no interest in the proceeding that is adverse to the interests of the relevant person; and (ii) agrees to be appointed. (4) However, if the relevant person has a guardian or manager, other than the individual, the individual may be appointed as the relevant person’s litigation guardian only with the Magistrates Court’s leave. (5) For this section: guardian—see the Guardianship and Management of Property Act 1991, dictionary. manager—see the Guardianship and Management of Property Act 1991, dictionary. Note Section 132X sets out what happens if a party with a legal disability does not have a representative, or an appropriate or suitable representative.