46Further considerations for revoking or varying an appointment

46 Further considerations for revoking or varying an appointment

(1) VCAT must not make an order revoking or varying an appointment made under this Part unless satisfied that the person who made the appointment does not have decision-making capacity to revoke the appointment.

(2) VCAT must not make an order revoking or varying an appointment made under this Part unless VCAT is satisfied that the appointee—

(a) is not acting in accordance with the following—

(i) any known preferences and values of the person who made the appointment, whether—

(A) expressed by way of a values directive or otherwise; or

(B) inferred from the person's life;

(ii) promoting the personal and social wellbeing of the person, having regard to the need to respect the person's individuality; or

(b) is not complying with the requirements of this Act.