sec.44Right of guardian or administrator to information

### sec.44 Right of guardian or administrator to information A guardian or administrator who has power for a matter for an adult has a right to all the information the adult would have been entitled to if the adult had capacity and which is necessary to make an informed exercise of the power. At the guardian’s or administrator’s request, a person who has custody or control of the information must give the information to the guardian or administrator, unless the person has a reasonable excuse. If a person who has custody or control of the information does not comply with a request by a guardian or administrator to give information, the tribunal may, on application by the guardian or administrator, order the person to give the information to the guardian or administrator. If the tribunal orders a person to give information to the guardian or administrator, the person must comply with the order, unless the person has a reasonable excuse. It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person. Subject to subsection (5) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. s 44 amd 2003 No. 87 s 10 (sec.44-ssec.1) A guardian or administrator who has power for a matter for an adult has a right to all the information the adult would have been entitled to if the adult had capacity and which is necessary to make an informed exercise of the power. (sec.44-ssec.2) At the guardian’s or administrator’s request, a person who has custody or control of the information must give the information to the guardian or administrator, unless the person has a reasonable excuse. (sec.44-ssec.3) If a person who has custody or control of the information does not comply with a request by a guardian or administrator to give information, the tribunal may, on application by the guardian or administrator, order the person to give the information to the guardian or administrator. (sec.44-ssec.4) If the tribunal orders a person to give information to the guardian or administrator, the person must comply with the order, unless the person has a reasonable excuse. (sec.44-ssec.5) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person. (sec.44-ssec.6) Subject to subsection (5) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. - (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and - (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.