32BRight of enduring guardian to information

32B Right of enduring guardian to information

[Section 32B Inserted by No. 40 of 2013, s. 5, Applied:21 Oct 2013]

(1)  An enduring guardian has a right –

(a) to all the information to which the appointor is entitled; and

(b) [Section 32B Subsection (1) amended by No. 21 of 2023, s. 20, Applied:01 Sep 2024] if the appointor is unable, by reason of impaired decision-making ability, to make decisions in relation to personal matters, to all information to which the appointor would have been entitled but for the impaired decision-making ability –

if the information is reasonably required for the purpose of exercising a power, or determining whether to exercise a power, of the enduring guardian.

(2)  [Section 32B Subsection (2) substituted by No. 21 of 2023, s. 20, Applied:01 Sep 2024] An enduring guardian has, if the appointor is unable, by reason of impaired decision-making ability, to make decisions in relation to the appointor's personal matters, a right to obtain, from a person who has possession of a will of the appointor, a copy, of the will, that is certified by the person.

(3)  A person who has custody or control of information, or a will, to which an enduring guardian has a right under subsection (1) or (2) , must, at the request of the enduring guardian, disclose the information to the enduring guardian or provide to the enduring guardian a copy, of the will, that is certified by the person.

(4)  Subsections (1) , (2) and (3) are subject to any condition or contrary intention, or express limitation, in the instrument of appointment of the enduring guardian.