TASIn ForceAct
Guardianship and Administration Act 1995
26Exercise of authority by guardian
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### 26 Exercise of authority by guardian
> [*\[Section 26 Subsection (1) amended by No. 18 of 2021, s. 126, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS126@EN) [*\[Section 26 Substituted by No. 21 of 2023, s. 15, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS15@EN)
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> > (1) A guardian under this Act must –
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> > > > (a) promote the personal and social well-being of the person under guardianship; and
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> > > > (b) act in accordance with the principles set out in [section 8](#GS8@EN) ; and
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> > > > (c) have regard to the decision-making process set out in [section 9](#GS9@EN) ; and
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> > > > (d) act honestly, diligently and in good faith; and
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> > > > (e) treat the person under guardianship with respect and dignity; and
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> > > > (f) communicate with the person under guardianship by means that the person will be best able to understand; and
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> > > > (g) keep the person under guardianship informed about decisions made, information obtained and steps taken by the guardian, as appropriate in the circumstances; and
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> > > > (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
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> > > > (i) act as an advocate for the person under guardianship where possible; and
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> > > > (j) encourage and support the person under guardianship to develop the person's decision-making ability in respect of decisions where possible; and
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> > > > (k) protect the person under guardianship from violence, neglect, abuse and exploitation.
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> > (2) A guardian must make reasonable efforts –
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> > > > (a) to ascertain whether the person under guardianship has given an advance care directive; and
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> > > > (b) if the person under guardianship has given an advance care directive, to obtain a copy of that advance care directive.