sec.12Appointment

### sec.12 Appointment The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied— the adult has impaired capacity for the matter; and there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and without an appointment— the adult’s needs will not be adequately met; or the adult’s interests will not be adequately protected. The appointment may be on terms considered appropriate by the tribunal. The tribunal may make the order on its own initiative or on the application of the adult, the public guardian or an interested person. This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B . Section 80ZD provides for the appointment of guardians for restrictive practice matters. s 12 amd 2008 No. 23 s 15 ; 2014 No. 26 s 240 (1) (sec.12-ssec.1) The tribunal may, by order, appoint a guardian for a personal matter, or an administrator for a financial matter, for an adult if the tribunal is satisfied— the adult has impaired capacity for the matter; and there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and without an appointment— the adult’s needs will not be adequately met; or the adult’s interests will not be adequately protected. (sec.12-ssec.2) The appointment may be on terms considered appropriate by the tribunal. (sec.12-ssec.3) The tribunal may make the order on its own initiative or on the application of the adult, the public guardian or an interested person. (sec.12-ssec.4) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B . Section 80ZD provides for the appointment of guardians for restrictive practice matters. - (a) the adult has impaired capacity for the matter; and - (b) there is a need for a decision in relation to the matter or the adult is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the adult’s health, welfare or property; and - (c) without an appointment— (i) the adult’s needs will not be adequately met; or (ii) the adult’s interests will not be adequately protected. - (i) the adult’s needs will not be adequately met; or - (ii) the adult’s interests will not be adequately protected. - (i) the adult’s needs will not be adequately met; or - (ii) the adult’s interests will not be adequately protected.