Decision‑making principles (s 4). These are the primary normative constraint on every person exercising powers under the Act. They require facilitation of support to enable the protected person to participate, prioritise the protected person’s wishes as far as they can be worked out unless doing so would significantly harm the protected person’s interests, promote the person’s interests where wishes cannot be worked out, apply minimal interference with the person’s life, and encourage self‑care and community participation (s 4(2), (5)-(7)). The decision‑maker must consult each carer unless the consultation would, in the decision‑maker’s opinion, adversely affect the person’s interests (s 4(3)-(4)).

Impaired decision‑making ability (s 5). The statutory trigger for the Act is impairment arising from a physical, mental, psychological or intellectual condition or state, whether or not the condition is a diagnosable illness. Section 6A limits findings of impairment explicitly where the person is merely eccentric or expresses certain political, religious or sexual views, or engages in unlawful or immoral conduct (though the Act permits effects of drugs to be taken into account).

Interests (s 5A). The Act defines a person’s interests to include protection from physical or mental harm, prevention of deterioration, capacity to look after themselves, live in the community and maintain preferred lifestyle (except parts harmful to the person), promotion of financial security, and prevention of wasting of financial resources (s 5A(a)-(e)). These statutory interests are the reference point for the decision‑making principles and for ACAT’s evaluation of whether appointment is necessary (s 7(1)(c)).

Guardians and managers (ss 7-9, 11). ACAT may appoint a guardian for health or welfare matters, and a manager for property/financial matters, if satisfied statutory thresholds (impairment, need or risk, real detriment if no appointment) are met (ss 7(1), 8(1)). ACAT must consider whether provision of support would negate the need for appointment (ss 7(2), 8(2)). Appointments must be no more restrictive than necessary (s 11). The Act prescribes who may be appointed (public trustee and guardian, trustee companies, individuals) and limits the public trustee’s appointment when an otherwise suitable individual consents (s 9(4)-(5)).

Health attorney and consent without formal representation (Part 2A, s 32A-32P). For adults with impaired decision‑making capacity who have not appointed an enduring attorney for medical consent and for whom ACAT has not appointed a guardian with medical consent powers, a specified set of persons (domestic partner, carer, close relative or close friend) are health attorneys in priority order (s 32B). Health professionals may ask the health attorney they reasonably believe best able to represent the protected person to consent (s 32D). Health professionals must provide substantial information (s 32G). Protections from civil and criminal action exist for health attorneys and health professionals acting in good faith (ss 32K-32L). Special notice/approval procedures exist where consent involves mental health treatment under the Mental Health Act 2015 (s 32JA).

Medical and low‑risk research (Part 2B). Guardians may consent to a protected person participating in approved low‑risk research (s 33) and, under a higher test, may consent to participation in medical research if the guardian is satisfied specified benefit/risk tests are met and an independent doctor has assessed the likelihood of regaining capacity when relevant (s 34(2), s 36). Guardians and health attorneys must not accept fees or be connected to research (ss 35, 32P).

ACAT supervisory and interlocutory powers (ss 12, 16-19, 62-66). ACAT registers interstate appointments (s 12), may give directions to guardians/managers (s 16) and issue binding opinions/advice (s 18). ACAT must review appointments at least every 3 years (s 19(2)) and has powers regarding enduring powers of attorney (s 62). The tribunal may order compensation for failures by guardians/managers (s 19A) and refer matters to the Supreme Court (s 19D).

Property management and financial controls (ss 21-27AA). Managers may pay for maintenance and dependants from property (s 21), receive income and realisation proceeds (s 22), must invest within Trustee Act limits or by ACAT order (s 24), lodge land titles notices within 14 days (s 25), file prescribed accounts with the public trustee and guardian (s 26), and be subject to examination and disallowance of items (s 27). The public trustee and guardian has specific accounting duties when appointed (s 27AA).

Emergency and enforcement (ss 67-68, 70-72, 74). The ACAT can make emergency orders without a hearing for up to 10 days (s 67). A president or judicial officer can issue a warrant authorising the public trustee and guardian and police to enter premises and remove a person where urgent risk is found (s 68). ACAT may consent to prescribed medical procedures for people declared not competent where best‑interests tests are met (s 70). ACAT injunctions can restrain property dealings where grounds for manager appointment exist (s 72). Corporate executive officers face criminal liability where corporations offend and the officer was reckless and failed to take reasonable preventive steps (s 74).

Interoperation with other statutes. The Act explicitly cross‑references and defers to other Acts for certain definitions and limits , for example the Powers of Attorney Act 2006 on enduring powers and decision‑making capacity (s 8B, Pt 3 definitions), the Mental Health Act 2015 for mental health treatment matters (s 7(4)(f), s 70A), the Public Trustee and Guardian Act 1985 for overlapping powers in relation to missing persons (s 8AA(2), s 30A), and the Medical Treatment (Health Directions) Act 2006 where health directions exist (s 32D note, s 8B). The Act also links to the Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023 in relation to certain prescribed procedures (s 70(1) note).

Represented persons (protected persons). Adults with impaired decision‑making ability for health, welfare or property decisions are the central cohort. The Act treats such people as “protected persons” for Part 2A where they meet the definition (s 32A). ACAT appointments and the health‑attorney apparatus are squarely about their legal capacity and the lawful decision‑makers for them when they cannot validly consent.

Potential appointees: guardians and managers. Individuals (adults), trustee companies and the public trustee and guardian are potential appointees, subject to suitability and disclosure requirements (ss 9, 10). The public trustee and guardian cannot be appointed as guardian if an otherwise suitable individual has consented to appointment, and likewise cannot be appointed manager if an otherwise suitable individual has consented (s 9(4)-(5)). Appointees can be joint and can be appointed for limited or stated parts of property (ss 9(3), 8(3)).

Carers, domestic partners, close relatives and close friends. The Act defines “carer” for the Act generally (s 6) and for Part 2A specifically (s 32C). Part 2A gives a priority order for health attorneys , domestic partner, carer, close relative or close friend , and specifies that the health professional should consider availability and suitability when selecting the health attorney (ss 32B, 32F). Carers must be consulted under the decision‑making principles unless a consultation would adversely affect the person (s 4(3)-(4)).

Health professionals. Doctors, dentists and mental health professionals are given specific duties when a person is thought to be a protected person (s 32A, 32D). Health professionals must provide information to the health attorney (s 32G), may rely on health‑attorney consent to provide treatment (s 32D(4)-(5)), and must comply with notification requirements where mental health treatment is involved (s 32JA). They also retain common law rights to provide urgent treatment without consent (s 32N).

Statutory bodies. ACAT has central decision‑making and supervisory roles (e.g. appointment, directions, registration of interstate orders, reviews, compensation orders) (ss 7, 8, 12, 16-19, 19A, 62). The public trustee and guardian is both an available appointee and a statutory reviewer/examiner of managers’ accounts (ss 9, 26-27AA), and the Attorney‑General may apply for appointment of a manager for missing persons (s 8AB(d)). The public advocate must be notified of long‑term consents in some cases (s 32J, 32JA).

Third parties dealing with managers. The Act provides transactional certainty where a manager is appointed for a missing person’s property: managers and third parties dealing honestly under such appointments are protected from liability (s 27A). More generally, instruments executed by a manager have the same effect as if executed by the person (s 23).

Family and interested persons. The Act requires notice to a defined set of relatives and carers of ACAT hearings as far as practicable (s 72A). Interested persons (as defined in the Powers of Attorney Act 2006 and referred to in Pt 3) may apply for directions, accounts or reviews (ss 62(3), 64, 65).

Commercial and corporate actors. Trustee companies may be appointed as managers (s 9(2)) and corporations that fail to honour ACAT injunctions or directions can attract corporate and executive officer liability, with specified maximum penalties and imprisonment as well as the statutory penalty unit regime (ss 16, 72(3), 74; note penalty unit values stated at republication top).

Who pays and allocates costs. Expenses and reasonable costs of guardians or managers are payable out of the represented person’s property and are a charge on that property (s 15(1)-(2)). Managers are responsible for filing accounts and may be required to pay fees for public trustee examinations (s 27(4)-(5)); the public trustee and guardian may waive such fees in hardship cases (s 27(6)).

Interactions across jurisdictions. ACAT must register corresponding interstate guardians/managers on application (s 12). ACAT may appoint managers outside the ACT only in circumstances where it is impracticable for the other jurisdiction to make appointment or interstate registration cannot occur (s 8A).

Decision‑makers’ duties,decision‑making principles (s 4). Every decision‑maker under the Act must follow the decision‑making principles (s 4(1)-(2)), including the duty to provide or facilitate support to enable the person to participate, the duty to give effect to ascertainable wishes unless harm would result, and a duty to minimise interference with the person’s life (s 4(2)(a)-(g)). Decision‑makers must consult each carer unless consultation would adversely affect the protected person’s interests (s 4(3)-(4)).

ACAT’s powers and duties. ACAT may appoint, vary and revoke guardians and managers (ss 7, 8, 19). It must consider whether support could obviate appointment (ss 7(2), 8(2)). ACAT can give directions to guardians/managers, issue opinions/advice (ss 16-18), review appointments at least every three years (s 19(2)), order compensation for failures (s 19A), and refer matters to the Supreme Court (s 19D). ACAT may also give directions concerning enduring powers of attorney, including revocation or suspension (s 62(2)(c)-(d)).

Guardians’ rights and limits. Guardians may be given powers necessary to make decisions for the person in accordance with decision‑making principles (s 7(3)). Powers listed include decisions about living arrangements, education, employment and consent for many medical procedures and medical research (s 7(4)(a)-(f)). However guardians do not have power to cause the person to vote, to make wills, to consent to adoption, to consent to marriage or civil unions, to consent to prescribed medical procedures, or to request/access voluntary assisted dying (s 7B(a)-(f)).

Managers’ powers and duties. Managers may be appointed to manage all or part of a person’s property with the powers the person would have if legally competent (s 8(3)-(4)). Managers must not mix their own property with the person’s (s 14(1)(b)), must avoid conflicts of interest (s 14(1)(a)), invest only in Trustee Act‑permitted investments or as ACAT allows (s 24(1)), lodge land titles within 14 days where relevant (s 25), and file accounts in accordance with regulations (s 26(1)). Managers may pay reasonable amounts from property for maintenance, education and benefit of the person and dependants (s 21).

Obligations on health professionals. When a health professional believes someone is a protected person and needs treatment or would benefit from low‑risk research and no advance consent direction obtains, the professional may ask the health attorney believed to best represent the protected person to consent (s 32D(1)-(2)). Health professionals must provide prescribed information to the health attorney, including reasons for the person being a protected person, condition, proposed treatment, alternatives and risks (s 32G(1)). For low‑risk clinical trial research they must provide access to an independent doctor (s 32G(2)). Special notification and time limits apply for mental health treatment consents (s 32JA).

Protections for good‑faith actors. Health attorneys and health professionals acting in good faith are shielded from civil or criminal action related to consent decisions (ss 32K-32L). Managers for missing persons are protected from liability for honest conduct within the manager’s functions and third parties dealing in good faith are similarly protected (s 27A).

Accountability and remedy mechanisms. The public trustee and guardian can examine managers’ accounts and apply for disallowance of items (s 27(1)), and the ACAT may disallow items only if the manager did not act in good faith with reasonable care (s 27(2)). ACAT compensation orders for failures by guardians/managers (s 19A) may be made on the tribunal’s own initiative or on application; payments under s 19A are to be taken into account in later civil proceedings (s 19B). Courts can relieve guardians/managers from personal liability in appropriate cases where they acted honestly and reasonably (s 19C).

Notice and consultation duties. The decision‑making principles require consulting carers (s 4(3)-(4)). The Act specifies who should, as far as practicable, be given notice of ACAT hearings, including domestic partner, parents, siblings, children, carers, guardians, managers and the public trustee and guardian (s 72A(2)). Health professionals must notify the public advocate in specific long‑term treatment situations (s 32J) and for mental health treatment must notify within seven days and obtain ACAT approval to continue beyond a 21‑day initial consent period (s 32JA).

Restrictions on appointment and conflicts. Persons proposed for appointment must consent in writing (s 10(1)). Individuals (other than public trustee or trustee company) must disclose convictions or prior removal or insolvency matters to ACAT (s 10(2)). ACAT must be satisfied appointees will follow decision‑making principles and be otherwise suitable (s 10(4)-(5)). Family relationship alone is not to be regarded as a conflict (s 10(6)).

Criminal and regulatory offences. The Act creates a mix of criminal and administrative enforcement tools. A guardian or manager who contravenes an ACAT direction without reasonable excuse commits an offence (s 16(2)) with maximum penalty 50 penalty units, imprisonment for 6 months or both. Managers failing to file prescribed accounts with the public trustee and guardian without reasonable excuse commit an offence (s 26(2)) with maximum penalty 20 penalty units. Contravention of ACAT directions regarding filing/auditing can attract a higher penalty (s 26(4) maximum 50 penalty units and 6 months imprisonment).

Injunctions and interim restraints. ACAT can issue injunctions to restrain persons from entering into, completing, registering or otherwise giving effect to transactions in relation to property where grounds exist for manager appointment (s 72(1)). Such orders can be made for up to 3 days, and may be continued if an application for appointment is made within that period (s 72(2)). Persons with notice of such orders must not act contrary to them; breach attracts the 50 penalty unit/6 months imprisonment maximum (s 72(3)).

Compensation and civil remedies via ACAT. ACAT may order guardians or managers to pay amounts to a protected person or their estate to compensate for loss or to account for profits caused by failure to comply with the Act (s 19A(1)(a)-(b)). ACAT may not order both compensation and accounting for the same exercise of power (s 19A(2)). ACAT may make such orders on its own initiative or on application by an interested person (s 19A(4)). Payments under s 19A are to be taken into account in subsequent civil proceedings (s 19B(2)).

Court relief and referral. Courts can relieve guardians/managers from personal liability if they acted honestly and reasonably and ought fairly to be excused (s 19C). ACAT may refer matters under s 19A to the Supreme Court (s 19D), and the ACAT may refer power of attorney matters to the Supreme Court if complex or affecting persons beyond the principal and attorney (s 63).

Corporate and executive officer liability. Where a corporation contravenes an ACAT injunction (s 72) an executive officer may commit an offence if reckless about the offence and failed to take reasonable steps to prevent it, with maximum penalty 50 penalty units and imprisonment for 6 months (s 74(1)). The section applies whether or not the corporation is prosecuted and contains evidential burden provisions (s 74(2) note).

Penalties and units. Specific monetary penalties are expressed in penalty units within the sections (e.g. s 16(2), s 26(2), s 26(4), s 72(3), s 74(1)). The republication includes the current monetary value of a penalty unit for offences against this law: $160 for an individual and $810 for a corporation (top matter).

Administrative sanctions and professional accountability. Managers can be removed by ACAT where unsuitable, incompetent, failing to exercise powers or contravening the Act (s 31). ACAT may give directions and its advice/opinions afford protection to guardians/managers who rely on them in good faith, except where fraud or wilful misrepresentation occurs (s 18(2)). Public trustee examination powers can result in disallowance of account items, financial penalties (recovery of costs) and auditor directions (s 27).

Protections for good faith actors and limitations. The Act provides shields: health attorneys and health professionals acting in good faith are protected from civil or criminal action in relation to consenting or relying on consent (ss 32K-32L). For missing persons managers and third parties acting honestly within appointment functions, s 27A provides protection from liability. However these shields are not blanket immunity where conduct falls outside good faith or statutory functions; other sections preserve liability where appropriate (s 32M).

Powers of Attorney Act 2006. The Act explicitly cross‑references the Powers of Attorney Act 2006 for definitions (Pt 3, s 61) and for the effect of enduring powers of attorney. Where an enduring power exists and ACAT revokes or suspends it, ACAT may appoint a guardian or manager (s 62(4)-(5)). Section 8B requires guardians and managers to consider the terms of an enduring power of attorney in relation to health care before exercising medical consent powers, and Pt 3 gives ACAT powers to give directions, revoke or suspend enduring powers of attorney and seek accounts (ss 62-66).

Mental Health Act 2015. The Act integrates with the Mental Health Act 2015 where medical treatment involving treatment, care or support under that Act is involved. Guardians may consent to such treatment under certain circumstances (s 7(4)(f), s 70A), but applies additional limitations: the person must lack decision‑making capacity under the Mental Health Act, have no relevant advance consent direction under that Act, and must express willingness to receive treatment; consents must be in writing and for a stated period not longer than six months (s 70A(1)-(3)). Part 2A includes specialised time limits and notification for consent to mental health treatment (s 32JA).

Medical Treatment (Health Directions) Act 2006. Health directions under the Medical Treatment (Health Directions) Act 2006 can bind the exercise of powers by health attorneys and guardians: a health attorney’s power must be exercised in a way consistent with an existing health direction unless it is not reasonable to do so (s 32D note). ACAT may revoke health directions after appointment of a guardian where appropriate (s 68B).

Public Trustee and Guardian Act 1985. For missing persons’ property, the Act defers in part to the Public Trustee and Guardian Act 1985: ACAT must not consider an application for appointment of a manager for a missing person if the public trustee and guardian has already applied to the Supreme Court under that Act or has been appointed under it (s 8AA(2)). An ACAT appointment for missing persons does not prevent the public trustee applying to the Supreme Court under s 34 of that Act (s 8AA(5)). Section 27A gives managers and third parties dealing with managers for missing persons protections from liability.

Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023. Section 70(1) note clarifies that where a prescribed medical procedure is restricted under the Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023, that procedure may only be carried out in accordance with an approved treatment plan under that Act. Thus ACAT consent under s 70 cannot displace the separate statutory regime where it applies.

Land titles, trustee and transplantation laws. Managers dealing with land must lodge copies of appointment orders with the registrar‑general within 14 days (s 25). Manager investments are constrained by the Trustee Act 1925 regime unless ACAT orders otherwise (s 24(1)). Definitions relating to non‑regenerative tissue invoke the Transplantation and Anatomy Act 1978 (dictionary).

Criminal Code and executive liability. The Act incorporates criminal liability provisions and cross‑references to the Criminal Code for definitions such as “conduct” (s 27A(3) note) and establishes corporate officer liability consistent with the Territory’s criminal regulatory framework (s 74).

ACAT and Supreme Court interface. ACAT must register corresponding interstate appointments and may refer matters to the Supreme Court (s 12, s 63). The Act empowers ACAT to refer compensation matters to Supreme Court (s 19D) and contemplates use of courts to relieve liability (s 19C). The ACAT can also transfer applications between ACAT and courts (s 71(3)-(4)).

Other legislative cross‑references. The Act’s dictionary and notes cross‑reference a range of ACT statutes and definitions, including the Trustee Companies Act 1947, the Legislation Act 2001 for drafting and republication matters, the ACT Civil and Administrative Tribunal Act 2008 for ACAT terminology, and the Voluntary Assisted Dying Act 2024 insofar as guardians are excluded from accessing or revoking requests for voluntary assisted dying (s 7B(f) in light of the Act’s amendment history).

The Act has been repeatedly amended since commencement (initially notified 31 October 1991 with remainder commencing 7 January 1992). The endnotes in the republication list a dense legislative history of amendments and commencement dates. Select chronology and notable recent amendments grounded in the republished history:

• Early and structural amendments: various consequential, procedural and definitional amendments were made in the 1990s and 2000s to align with broader ACT legal framework changes (see numerous entries from A1993‑64 through A2008‑36, endnote 3).

• Integration with contemporary capacity and mental health frameworks: amendments aligned the Act with the Mental Health Act 2015 and the Powers of Attorney Act 2006 (see Mental Health Act 2015 A2015‑38 and Powers of Attorney Act 2006 A2006‑50 in the legislation history). These insertions created cross‑linking for mental health treatment, advance consent directions and enduring powers (e.g. s 7(4)(f), s 8B).

• Introduction of Part 2A health‑attorney regime and Part 2B research regime: Part 2A (s 32A onwards) was inserted by A2008‑47 (s 6) and developed in later amending Acts (see A2016‑10 amdt 1.24 and associated amending items in the endnotes). Part 2B (ss 33-37) was inserted by A2016‑10 to regulate guardian consents to research participation and set out independent doctor assessments (s 36).

• Missing persons’ property and public trustee coordination: ss 8AA-8AC and related provisions were introduced in A2007‑23 and subject to later amendments (see endnotes referencing A2007‑23, A2008‑36 and A2016‑1).

• Recent and last recorded amendments: the republication records that the most recent amendment affecting the text was made by the Statute Law Amendment Act 2025 (A2025‑29), with the relevant schedule part commencing 16 December 2025 (endnote 3). The Voluntary Assisted Dying Act 2024 (A2024‑24) also amended aspects relevant to the Act, with commencement 3 November 2025 for its schedule (endnote 3). A number of changes in the 2010s and 2020s adjusted account, supervision and liability provisions (for example A2021‑3, A2021‑13, A2023‑2, A2023‑13).

• Repeats and republication notes: the endnotes document multiple republications and reissues, including reissued republications made necessary by the High Court decision in Commonwealth v Australian Capital Territory [2013] HCA 55 that affected a parallel ACT statute (cited in the endnotes under R32). The amendment history in endnote 4 provides itemised renumberings, insertions and relocations across many amending Acts.

Readers needing precise amendment text, commencement dates for specific provisions or the full list of amending Acts should consult the endnotes (legislation history and amendment history) at the back of the republished Act. The endnotes are the statutory record of changes and the republication identifies the last amendment and the effective republication date as 16 December 2025.

The statute text supplied names no litigation decided under the Act itself. The endnotes record a High Court decision that affected an ACT amending Act: Commonwealth v Australian Capital Territory [2013] HCA 55 is recorded in the legislation history (endnote 3) as having rendered certain amendments of the Marriage Equality (Same Sex) Act 2013 ineffective; that event required republication adjustments. Other than that historical reference, the republication does not catalogue cases construing or applying the Guardianship and Management of Property Act 1991 itself.

Practitioners should note the Act contemplates litigation and court involvement in multiple places: ACAT may refer matters to the Supreme Court (s 19D), the ACAT may refer power of attorney matters to the Supreme Court where matters affect others or raise complex or novel legal issues (s 63), and courts have power to relieve guardians/managers from personal liability on equitable grounds (s 19C). Section 71 provides for judicial adjustment, confirmation or voiding of transactions entered into by persons lacking competence, with applications able to be made to ACAT, the Supreme Court or the Magistrates Court within 90 days (s 71(2)). Section 27(1)-(3) contemplates ACAT disallowance of account items after public trustee examination and associated costs recoveries. These provisions create predictable avenues for litigation and judicial supervision, though specific case law under the Act is not recorded in the supplied republication.

If and when practitioners are considering litigation or appellate strategies under this Act, they should search ACT Supreme Court and ACAT decisions for cases interpreting key provisions such as the ACAT’s discretionary scope under ss 7 and 8, the decision‑making principles s 4, the limits on guardians’ consent for prescribed procedures s 7B, and remedies under s 19A-19C. The statute’s cross‑references to the Powers of Attorney Act 2006 and the Mental Health Act 2015 mean appellate authority on overlapping issues in those regimes will often be directly relevant to litigation under this Act.

1. Support before substitution. ACAT must consider whether provision or facilitation of support to enable the person to make, participate in and communicate decisions would eliminate the need for guardianship or management (ss 7(2)(a)-(b), 8(2)(a)-(b)). Practitioners and carers should not assume ACAT will automatically appoint a guardian or manager where supports can reasonably be arranged; applicants need to show why support measures cannot meet needs.

2. Decision‑making principles are mandatory and substantive. All decisions by guardians, managers and health professionals must follow s 4. That requirement is not merely procedural; it governs outcomes, including giving effect to ascertainable wishes unless they would significantly adversely affect the person’s interests (s 4(2)(b)-(d)). Decision‑makers should document how they applied the principles.

3. Health attorney selection and conflicts. A health professional chooses the health attorney in priority order but may exclude an attorney if the professional reasonably considers them unsuitable; the professional must record reasons (ss 32B(3), 32F(1)-(2)). Conflicts of interest or undue influence (example in s 32F(3) examples) can lead the professional to decline a health attorney and refer matters to the public trustee and guardian (s 32H-32I). Health professionals bear evidentiary and practical burdens in selecting appropriate health attorneys.

4. Limits on guardians’ authority. Guardians are expressly precluded from certain acts: voting, making wills, consenting to adoption, consenting to marriage or to prescribed medical procedures and accessing voluntary assisted dying (s 7B). Where medical procedures are prescribed (s 70, definition), consent must come via ACAT or other statutory process; guardians cannot bypass those steps.

5. Mental health treatment special rules and time limits. Consent by a health attorney for Mental Health Act 2015 treatment is time‑limited: initial reliance is for 21 days (s 32JA(3)); if longer treatment is needed the health professional must apply to ACAT before the period ends and may need to apply for guardian appointment (s 32JA(4)). Guardians’ consents to mental health treatment must be in writing and limited to six months maximum and renewed as necessary, with ACAT review powers (s 70A(2)-(7)). Practitioners should note strict notification and review pathways.

6. Investment and real estate formalities. Managers’ investment powers are constrained to Trustee Act investments unless ACAT orders otherwise (s 24(1)). Real estate dealings require prompt lodging of orders with the registrar‑general within 14 days (s 25). Failure to lodge or to keep accounts may expose managers to penalties or ACAT disallowance of account items (ss 25, 26, 27).

7. Accounts, audits and costs. Managers (other than public trustee and guardian) must file prescribed accounts (s 26(1)); failure is an offence (s 26(2)). The public trustee can examine accounts and apply for disallowance; ACAT will not disallow items if satisfied the manager acted in good faith with reasonable care (s 27(2)). Disallowed items can remove entitlement to reimbursement and lead to recovery of public trustee costs (s 27(3)). The public trustee may charge an examination fee (s 27(4)-(5)), though there is a waiver power (s 27(6)).

8. Missing persons’ manager term and overlap with Supreme Court. ACAT‑appointed managers for missing persons have a maximum initial term of two years and ACAT may extend for up to two more years on application (s 8AC(4)). But if the public trustee and guardian applies to or is appointed by the Supreme Court under its own Act, that can prevent or end ACAT action (s 8AA(2), s 30A). Applicants and proposed managers should track concurrent public trustee applications.

9. Emergency powers are limited in time and process. Emergency ACAT orders last no longer than 10 days (s 67(2)). Emergency removal warrants must specify many particulars and expire no later than 14 days (s 68(2)(e)). Evidence supporting emergency applications must generally be on oath or statutory declaration (s 68(3)-(4)). Practitioners using emergency routes need to prepare for rapid but strictly circumscribed procedures.

10. Liability shields conditional on good faith and scope. Protections for health attorneys, health professionals and missing persons’ managers (ss 32K-32L, 27A) are subject to the conduct being honest and within the scope of functions or done in belief on reasonable grounds. These protections do not absolve liability where conduct is outside functions, dishonest or unreasonable.

11. Registration and interstate complexity. ACAT must register interstate guardians/managers on application (s 12), but it may refuse where instrument not lodged or registration criteria unmet (s 12(3)). Section 8A limits ACAT appointing managers for out‑of‑jurisdiction persons to specific circumstances (s 8A(1)-(2)). Practitioners should coordinate across jurisdictions early.

12. Timing traps for transactions by incapacitated persons. Transactions entered into by someone lacking competence are not automatically void; they can be confirmed, declared void or adjusted by ACAT, Supreme Court or Magistrates Court on application within 90 days (s 71(2)). Practitioners must act promptly if parties seek to challenge or confirm such transactions.

For applicants seeking appointment (guardians or managers)

• Demonstrate the statutory thresholds. Prepare evidence that the person has impaired decision‑making ability for the relevant matter (s 5), that a decision is needed or the person is likely to act in a way involving unreasonable risk (ss 7(1)(b), 8(1)(b)), and that without appointment the person’s needs would not be met or interests significantly adversely affected (ss 7(1)(c), 8(1)(c)).

• Document supports tried or considered. ACAT must consider whether facilitation of support could meet needs and protect interests (ss 7(2), 8(2)). Show whether support was provided or why it is not practicable.

• Provide consents and disclosures. Proposed appointees must consent in writing (s 10(1)). Individual appointees must disclose convictions for violence, fraud or dishonesty, prior refusals or removals, and insolvency status (s 10(2)-(3)). Use statutory declaration or oath for disclosures where appropriate (s 10(3)).

For guardians and managers once appointed

• Apply decision‑making principles. Ensure every decision is documented against s 4: evidence of support facilitation, reasoning about the person’s wishes, assessment of likely harm, and demonstration of least‑restrictive intervention (ss 4(2)-(3), 11).

• Keep accounts and follow filing obligations. Managers (other than the public trustee) must file prescribed accounts in accordance with regulations (s 26(1)). Follow any ACAT directions on filing and auditing (s 26(3)). Expect public trustee examination and potential disallowance (s 27). Budget for possible fees (s 27(4)).

• Maintain separation and avoid conflicts. Keep manager property separate from personal property, avoid conflicted transactions unless ACAT orders otherwise, and document decisions where potential conflict exists (s 14).

• Follow investment and property rules. Invest only in Trustee Act‑authorised investments unless ACAT otherwise permits (s 24(1)), and lodge property orders with land titles registries where required within 14 days (s 25).

• Reimbursements and expenses. Guardians and managers are entitled to reimbursement of reasonable expenses from the person’s property; ensure such costs are reasonable and well documented because ACAT may review them (s 15).

For health professionals and health attorneys (consent without formal representation)

• Confirm protected person status and absence of advance directions. Ensure statutory criteria under s 32D(1) are met: the person is a protected person, needs treatment or would benefit from low‑risk research, and no conflicting advance direction exists.

• Follow priority order and suitability test. Consider health attorneys in priority order (domestic partner, carer, close relative/friend) (s 32B(1)-(3)). Assess whether the chosen health attorney is best able to represent the person (s 32F), and record reasons if excluding someone as unsuitable (s 32F(2)-(3)).

• Provide prescribed information and access. Give the health attorney the full information listed in s 32G(1) and, for clinical trial low‑risk research, provide access to an independent doctor (s 32G(2)).

• Document consent and notify when required. If consent to mental health treatment under the Mental Health Act 2015 is given, notify the public advocate within seven days and provide the plan (s 32JA(2)); be mindful that consent under Part 2A is initially only valid for 21 days for mental health treatment and ACAT approval is required to continue (s 32JA(3)-(5)). Where long‑term treatment continues six months after consent, notify the public advocate (s 32J).

For guardians consenting to research (Part 2B)

• Ensure research is approved and the higher tests are met. Low‑risk research requires approval (s 33(2)); medical research consent by a guardian requires ACAT opinion and additional tests, including that the person is unlikely to regain capacity within the research timeframe, the research relates to the person’s condition, likely benefit outweighs risk and privacy is not unduly interfered with (s 34(2)(a)-(c)).

• Obtain independent doctor assessment where required. When likelihood of regaining capacity is relevant, an independent doctor must assess and provide a written statement (s 36).

General ACAT and procedural compliance

• Give and obtain notices. Ensure required parties receive notice of ACAT hearings as far as practicable (s 72A(2)). Keep records of who was notified.

• Apply early where emergency action is needed. Emergency orders are possible (s 67) but time‑limited. Prepare sworn statements for emergency removal warrants and be ready to apply to ACAT or the public trustee to secure a guardian after the emergency removal (s 68(3), (7)).

• Respect recordkeeping and audit expectations. Keep clear records, receipts and rationale for decisions so public trustee examinations or ACAT audits find decisions were made in good faith and with reasonable care (s 27(2)).

• Avoid prohibited acts by guardians. Remember expressly excluded powers (s 7B). For prescribed medical procedures, engage ACAT under s 70 where the person has been declared not competent (s 69(2), s 70(1)).

• Manage end of appointment and succession. Resignations must be in writing to ACAT (s 28). Orders cease on death of the represented person subject to s 30, and surviving appointees take positions in joint appointments (s 32).

Compliance planning for organisations and corporations

• Corporate governance and executive duty. Ensure boards and executive officers have policies and oversight systems to prevent corporate contraventions of ACAT orders (s 74). Document reasonable steps taken to prevent breaches; failure to do so is an element of criminal liability for executives (s 74(1)(d)).

• Fee‑setting and use of approved forms. The Minister may determine fees (s 75) and the director‑general may approve mandatory forms (s 75A). Use approved forms where specified (s 75A(2)).

Practitioners should keep the Act and its cross‑referenced statutes to hand and tailor compliance steps to the particular statutory powers conferred by the ACAT order. Documentation of decision‑making processes against the statutory principles (s 4) is the single most important practical compliance step across guardianship, management and health‑attorney scenarios.