26Exercise of authority by guardian

26 Exercise of authority by guardian

[Section 26 Subsection (1) amended by No. 18 of 2021, s. 126, Applied:05 Nov 2021] [Section 26 Substituted by No. 21 of 2023, s. 15, Applied:01 Sep 2024]

(1)  A guardian under this Act must –

(a) promote the personal and social well-being of the person under guardianship; and

(b) act in accordance with the principles set out in section 8 ; and

(c) have regard to the decision-making process set out in section 9 ; and

(d) act honestly, diligently and in good faith; and

(e) treat the person under guardianship with respect and dignity; and

(f) communicate with the person under guardianship by means that the person will be best able to understand; and

(g) keep the person under guardianship informed about decisions made, information obtained and steps taken by the guardian, as appropriate in the circumstances; and

(h) regularly consult with any other guardian or administrator of the person under guardianship and keep them informed about substantial decisions or actions, subject to the terms of the guardian’s appointment; and

(i) act as an advocate for the person under guardianship where possible; and

(j) encourage and support the person under guardianship to develop the person's decision-making ability in respect of decisions where possible; and

(k) protect the person under guardianship from violence, neglect, abuse and exploitation.

(2)  A guardian must make reasonable efforts –

(a) to ascertain whether the person under guardianship has given an advance care directive; and

(b) if the person under guardianship has given an advance care directive, to obtain a copy of that advance care directive.