64ATutor for person under legal incapacity

64A Tutor for person under legal incapacity

64A Tutor for person under legal incapacity

(1) A tutor for a person under legal incapacity must, in relation to the proceedings for which the tutor is appointed—

(a) act in the best interests of the person under legal incapacity, and

(b) not participate except as the person’s tutor.

(2) The tutor may commence or carry on proceedings in the same way the person under legal incapacity could have commenced or carried on the proceedings if not under legal incapacity.

(3) However, the tutor must not commence or carry on proceedings unless the tutor, or the tutor’s solicitor for the proceedings, certifies to the Commission that the tutor—

(a) consents to acting as tutor, and

(b) does not have an adverse interest, and

(c) agrees to comply with these rules and the procedural directions.

(4) If the tutor becomes aware the tutor has an adverse interest, the tutor must notify the tutor’s solicitor and the Commission as soon as practicable.

(5) The tutor must take reasonable steps to understand—

(a) the issues in the proceedings, and

(b) the interests and wishes of the person under legal incapacity in relation to the proceedings, and

(c) legal advice from the tutor’s solicitor about the proceedings.

(6) The tutor must—

(a) attend the proceedings, and

(b) represent and support the person under legal incapacity during the proceedings, including by taking reasonable steps to assist the person to understand and participate in the proceedings, and

(c) take reasonable steps to explore settlement in the proceedings.

(7) The tutor must not use or disclose confidential information obtained while acting as tutor unless permitted or required by law to use or disclose the information.

(8) The Commission may, at any time, make an order to remove a tutor.