8Appointment and powers of managers

8 Appointment and powers of managers (1) This section applies if the ACAT is satisfied that— (a) someone has impaired decision-making ability in relation to the person’s financial matters or a matter affecting the person’s property; and (b) while the person has the impaired decision-making ability— (i) there is, or is likely to be, a need for a decision in relation to the matter; or (ii) the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person’s health, welfare or property; and (c) if a manager is not appointed— (i) the person’s needs will not be met; or (ii) the person’s interests will be significantly adversely affected. (2) In considering subsection (1) (c), the ACAT must consider— (a) if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s— (i) needs would be met; and (ii) interests would be adequately protected; and (b) if it is reasonably likely that the necessary support can be provided or facilitated. (3) The ACAT may, by order, appoint a manager to manage all, or a stated part of, the person’s property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property, in accordance with the decision- making principles. Note The ACAT’s power to appoint a manager is restricted under s 8A. (4) The powers that may be given to a person’s manager are the powers that the person would have if the person were legally competent to exercise powers in relation to the person’s property. 8AA Manager for missing person’s property (1) This section applies if the ACAT is satisfied, on application, that— (a) someone is a missing person; and (b) the person usually lives in the ACT; and (c) while the person is missing, there is, or is likely to be, a need for a decision in relation to the person’s financial matters or property; and (d) the person’s interests will be significantly adversely affected if a manager is not appointed. (2) However, the ACAT must not consider an application under subsection (1) in relation to a person if— (a) the public trustee and guardian has made an application to the Supreme Court to be appointed the manager of the person’s property under the Public Trustee and Guardian Act 1985, section 34 (Application for appointment as manager of property) and the application has not been finally dealt with; or (b) the Supreme Court has appointed the public trustee and guardian manager of the person’s property under that Act, section 34 (2). (3) The ACAT may be satisfied that a person is a missing person only if satisfied that— (a) it is not known whether the person is alive; and (b) reasonable efforts have been made to find the person; and (c) for at least 90 days, the person has not contacted— (i) anyone who lives at the person’s last-known home address; or (ii) any relative or friend of the person with whom the person is likely to communicate. Examples of contact 1 telephone call 2 physical sighting of the person (4) The ACAT may, by order, appoint a manager to manage all, or a stated part, of the missing person’s property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property in accordance with the decision-making principles as if the missing person were a protected Note The ACAT’s power to appoint a manager is restricted under s 8A. (5) An application under subsection (1), or an appointment under subsection (4), does not prevent the public trustee and guardian making an application under the Public Trustee and Guardian Act 1985, section 34 in relation to the property to which the application or appointment relates. (6) The Legislation Act, part 19.3 (Appointments) does not apply to an appointment under subsection (4). 8AB Missing people’s property—who may apply for appointment of manager? An application for the appointment of a manager for a person under section 8AA may be made by any of the following: (a) a domestic partner of the person; (b) a relative of the person; (c) a carer of the person; (d) the Attorney-General; (e) the public trustee and guardian; (f) anyone else who has an interest in the property of the person. 8AC Missing people’s property—powers and term of manager (1) The powers that may be given to the manager under section 8AA (4) (Manager for missing person’s property) are the powers the missing person would have if the person were able to exercise them. (2) However, an order under section 8AA (4) must state the kind of decisions the manager may make and the property in relation to which the power may be exercised. (3) An order under section 8AA (4) must also state the term of the appointment. (4) An appointment under section 8AA (4) must be for not longer than 2 years, but the ACAT may, on application by the manager or a person mentioned in section 8AB, extend the term for up to 2 more years.