20Guardianship order

20 Guardianship order

[Section 20 Subsection (1) amended by No. 18 of 2021, s. 123, Applied:05 Nov 2021] [Section 20 Subsection (1) amended by No. 4 of 2000, s. 6, Applied:28 Apr 2000] [Section 20 Subsection (2) amended by No. 18 of 2021, s. 123, Applied:05 Nov 2021] [Section 20 Subsection (3) amended by No. 18 of 2021, s. 123, Applied:05 Nov 2021] [Section 20 Subsection (4) amended by No. 18 of 2021, s. 123, Applied:05 Nov 2021] [Section 20 Subsection (5) amended by No. 18 of 2021, s. 123, Applied:05 Nov 2021] [Section 20 Substituted by No. 21 of 2023, s. 11, Applied:01 Sep 2024]

(1)  The Tribunal, after a hearing, may make an order appointing a guardian for a person in respect of one or more personal matters if –

(a) an application for an order appointing a guardian, or for an order appointing an administrator, has been made to the Tribunal in respect of the person; and

(b) the Tribunal is satisfied that the person –

(i) has impaired decision-making ability in respect of decisions relating to those personal matters; and

(ii) is in need of a guardian; and

(c) the Tribunal is satisfied that the order will promote the person's personal and social well-being.

(2)  For the purposes of subsection (1)(b)(ii) , in determining whether a person is in need of a guardian, the Tribunal must consider the following:

(a) the wishes and preferences of the person, as far as they can be ascertained;

(b) whether the needs of the person could be met by other means less restrictive of that person’s freedom of decision and action;