6KAction on review

6K Action on review

6K Action on review

(1) On reviewing the appointment of an enduring guardian, the Tribunal may—

(a) revoke the appointment or deal with the matter as provided by subsection (3) (or both), or

(b) confirm the appointment, with or without varying the functions of the enduring guardian under the appointment.

(2) The Tribunal must not revoke the appointment of an enduring guardian unless—

(a) the enduring guardian requested the revocation, or

(b) the Tribunal is satisfied that it is in the best interests of the appointor that the appointment be revoked.

(3) The Tribunal may, if it considers that it is in the best interests of the appointor to do so, deal with a review as if any of the following applications had been made in respect of the appointor—

(a) an application for a guardianship order under Part 3,

(b) an application for a financial management order under Part 3A,

(c) applications for both such orders.

(4) The Tribunal may confirm the appointment (or purported appointment) of a person as an enduring guardian under subsection (1) (b) even where—

(a) the instrument that purported to appoint the person as an enduring guardian was not executed in accordance with the requirements of this Part, or

(b) the person purporting to make the appointment announced his or her intention to make the appointment but became incapacitated before an instrument making the appointment could be executed in accordance with the requirements of this Part,

if the Tribunal is satisfied that the confirmation of the appointment (or purported appointment) reflects the appointment that the person making the appointment intended to make at the time it was purportedly made.

(5) The confirmation of the appointment of an enduring guardian under subsection (1) (b) has effect as if an instrument of appointment had been executed in accordance with the requirements of this Part by the appointor in the terms confirmed by the Tribunal.

s 6K: Ins 1997 No 49, Sch 1 [9]. Am 2002 No 89, Sch 1 [11]; 2015 No 2, Sch 2.1 [7] [8].