6HBResignation of appointment by appointee

6HB Resignation of appointment by appointee

6HB Resignation of appointment by appointee

(1) An appointee may resign the appointee’s appointment as an enduring guardian—

(a) if the appointor is not in need of a guardian—by giving written notice to that effect to the appointor, or

(b) if the appointor is in need of a guardian—with the approval of the Tribunal.

(2) A written notice resigning an appointment as an enduring guardian must—

(a) be in or to the effect of the form prescribed by the regulations, and

(b) be signed—

(i) by the appointee, or

(ii) if the appointee instructs—by an eligible signer who signs for the appointee in the appointee’s presence, and

(c) be witnessed by an eligible witness, and

(d) if the notice is signed for the appointee by an eligible signer—contain, or have annexed to it, a certificate signed by the eligible witness that certifies that the appointee, in the witness’s presence, instructed the signer to sign the notice for the appointee.

(3) Without limiting subsection (2) (b) (i), a notice is signed by the appointee if the appointee affixes his or her mark to the notice.

(4) If an eligible signer signs a notice on behalf of an appointee as provided by subsection (2) (b) (ii), the appointee is taken to have signed the notice for the purposes of this Act.

(5) The provisions of this section apply to the resignation of a substitute enduring guardian appointed as provided by section 6DA in the same way as they apply to the resignation of an appointee.

s 6HB: Ins 2002 No 89, Sch 1 [10]. Am 2015 No 2, Sch 2.1 [6].