sec.31Appointment review process

### sec.31 Appointment review process The tribunal may conduct a review of an appointment of a guardian or administrator (an appointee ) for an adult in the way it considers appropriate. At the end of the review, the tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made. If the tribunal is satisfied there are appropriate grounds for an appointment to continue, it may either— continue its order making the appointment; or change its order making the appointment, including, for example, by— changing the terms of the appointment; or removing an appointee; or making a new appointment. However, the tribunal may make an order removing an appointee, other than the public guardian, only if the tribunal considers— the appointee is no longer competent; or another person is more appropriate for appointment. An appointee is no longer competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or the appointee has otherwise contravened this Act. The tribunal may make an order removing the public guardian as an appointee if there is an appropriate person mentioned in section 14 (1) available for appointment. The tribunal may include in its order changing or revoking the appointment of an administrator a provision as to who must pay the titles registry fee for giving or withdrawing the advice of the change or revocation. s 31 amd 2003 No. 87 s 8 ; 2019 No. 9 s 17 ; 2021 No. 12 s 148 sch 3 (sec.31-ssec.1) The tribunal may conduct a review of an appointment of a guardian or administrator (an appointee ) for an adult in the way it considers appropriate. (sec.31-ssec.2) At the end of the review, the tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made. (sec.31-ssec.3) If the tribunal is satisfied there are appropriate grounds for an appointment to continue, it may either— continue its order making the appointment; or change its order making the appointment, including, for example, by— changing the terms of the appointment; or removing an appointee; or making a new appointment. (sec.31-ssec.4) However, the tribunal may make an order removing an appointee, other than the public guardian, only if the tribunal considers— the appointee is no longer competent; or another person is more appropriate for appointment. (sec.31-ssec.5) An appointee is no longer competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or the appointee has otherwise contravened this Act. (sec.31-ssec.6) The tribunal may make an order removing the public guardian as an appointee if there is an appropriate person mentioned in section 14 (1) available for appointment. (sec.31-ssec.7) The tribunal may include in its order changing or revoking the appointment of an administrator a provision as to who must pay the titles registry fee for giving or withdrawing the advice of the change or revocation. - (a) continue its order making the appointment; or - (b) change its order making the appointment, including, for example, by— (i) changing the terms of the appointment; or (ii) removing an appointee; or (iii) making a new appointment. - (i) changing the terms of the appointment; or - (ii) removing an appointee; or - (iii) making a new appointment. - (i) changing the terms of the appointment; or - (ii) removing an appointee; or - (iii) making a new appointment. - (a) the appointee is no longer competent; or - (b) another person is more appropriate for appointment. - (a) a relevant interest of the adult has not been, or is not being, adequately protected; or - (b) the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or - (c) the appointee is an administrator appointed for a matter involving an interest in land and the appointee fails to advise the registrar of titles of the appointment as required under section 21 (1) ; or - (d) the appointee has otherwise contravened this Act.