34Revocation or amendment of appointment by Tribunal

34 Revocation or amendment of appointment by Tribunal

(1)  [Section 34 Subsection (1) amended by No. 18 of 2021, s. 134, Applied:05 Nov 2021] [Section 34 Subsection (1) amended by No. 43 of 2006, s. 26, Applied:18 Dec 2006] [Section 34 Subsection (1) amended by No. 18 of 2021, s. 134, Applied:05 Nov 2021] [Section 34 Subsection (1) substituted by No. 21 of 2023, s. 21, Applied:01 Sep 2024] The Tribunal may, on an application under this section or on its own motion and after a hearing –

(a) revoke or amend an instrument of appointment of an enduring guardian if –

(i) the enduring guardian seeks revocation of the appointment; or

(ii) the Tribunal is satisfied that the enduring guardian is not willing or able to act in that capacity; or

(iii) the Tribunal is satisfied that the enduring guardian has, in that capacity –

(A) not acted to promote the personal and social well-being of the appointor; or

(B) acted in an incompetent or negligent manner or contrary to the provisions of this Act; or

(iv) the Tribunal is satisfied that the circumstances of the appointor have changed to the extent that it is appropriate to revoke or amend the instrument; and

(b) if the Tribunal thinks fit, and is satisfied of the matters specified in 20(1)(b) and (c) , appoint a guardian for the appointor of the enduring guardian.

(1A)  [Section 34 Subsection (1A) amended by No. 18 of 2021, s. 134, Applied:05 Nov 2021] [Section 34 Subsection (1A) amended by No. 18 of 2021, s. 134, Applied:05 Nov 2021] [Section 34 Subsection (1A) inserted by No. 23 of 2009, s. 14, Applied:16 Jun 2009] The Tribunal may, on an application under this section or on its own motion and after a hearing –