97Appointed representative for person under legal incapacity

97 Appointed representative for person under legal incapacity

97 Appointed representative for person under legal incapacity

Note 1—

The MAI Act, section 7.47(2) and the Motor Accident Guidelines provide for the appointment of appointed representatives.

Note 2—

The Commission may, at any time, remove an appointed representative appointed by the Commission—see the Interpretation Act 1987, section 47(1)(b)(i).

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

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

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

(2) The appointed representative may exercise the following functions under the MAI Act, Part 7 in the same way the person under legal incapacity could have exercised the functions if not under legal incapacity—

(a) make an application,

(b) refer a matter to the Commission,

(c) carry on proceedings.

(3) However, the appointed representative must not exercise the function unless the appointed representative, or the appointed representative’s solicitor for the proceedings, certifies to the Commission that the appointed representative—

(a) consents to acting as appointed representative, and

(b) does not have an adverse interest, and

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

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

(5) The appointed representative 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