sec.13Advance appointment

### sec.13 Advance appointment The tribunal may, by order, make an appointment of a guardian for a personal matter, or an administrator for a financial matter, for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and there is a reasonable likelihood, when the individual turns 18— there will be a need to do something in relation to the matter; or the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and there is a reasonable likelihood, without an appointment, when the individual turns 18— the individual’s needs would not be adequately met; or the individual’s interests would not be adequately protected. This Act applies, with necessary changes, to an appointment under this section. The appointment begins when the individual turns 18. The appointment ends when the individual turns 19, unless the tribunal orders the appointment to be for a longer period. The tribunal may order the appointment for a longer period only if the tribunal considers— the need for an appointment will continue for the longer period; and the need for the tribunal to review the appointment is very limited. The longer period may be— if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or otherwise—a period of not more than 5 years. 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 individual or an interested person. This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B . s 13 amd 2007 No. 37 s 74 ; 2008 No. 23 s 16 (sec.13-ssec.1) The tribunal may, by order, make an appointment of a guardian for a personal matter, or an administrator for a financial matter, for an individual who is at least 17 1 / 2 years but not 18 years if the tribunal is satisfied— there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and there is a reasonable likelihood, when the individual turns 18— there will be a need to do something in relation to the matter; or the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and there is a reasonable likelihood, without an appointment, when the individual turns 18— the individual’s needs would not be adequately met; or the individual’s interests would not be adequately protected. (sec.13-ssec.2) This Act applies, with necessary changes, to an appointment under this section. (sec.13-ssec.3) The appointment begins when the individual turns 18. (sec.13-ssec.4) The appointment ends when the individual turns 19, unless the tribunal orders the appointment to be for a longer period. (sec.13-ssec.5) The tribunal may order the appointment for a longer period only if the tribunal considers— the need for an appointment will continue for the longer period; and the need for the tribunal to review the appointment is very limited. (sec.13-ssec.6) The longer period may be— if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or otherwise—a period of not more than 5 years. (sec.13-ssec.7) The appointment may be on terms considered appropriate by the tribunal. (sec.13-ssec.8) The tribunal may make the order on its own initiative or on the application of the individual or an interested person. (sec.13-ssec.9) This section does not apply for the appointment of a guardian for a restrictive practice matter under chapter 5B . - (a) there is a reasonable likelihood, when the individual turns 18, the individual will have impaired capacity for the matter; and - (b) there is a reasonable likelihood, when the individual turns 18— (i) there will be a need to do something in relation to the matter; or (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and - (i) there will be a need to do something in relation to the matter; or - (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and - (c) there is a reasonable likelihood, without an appointment, when the individual turns 18— (i) the individual’s needs would not be adequately met; or (ii) the individual’s interests would not be adequately protected. - (i) the individual’s needs would not be adequately met; or - (ii) the individual’s interests would not be adequately protected. - (i) there will be a need to do something in relation to the matter; or - (ii) the individual is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the individual’s health, welfare or property; and - (i) the individual’s needs would not be adequately met; or - (ii) the individual’s interests would not be adequately protected. - (a) the need for an appointment will continue for the longer period; and - (b) the need for the tribunal to review the appointment is very limited. - (a) if the administrator is the public trustee or a trustee company under the Trustee Companies Act 1968 —the period decided by the tribunal; or - (b) otherwise—a period of not more than 5 years.