QLDIn ForceAct
Public Guardian Act 2014
sec.34Suspension of attorney’s power
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### sec.34 Suspension of attorney’s power
The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent.
An attorney is not competent if, for example—
a relevant interest of the adult has not been, or is not being, adequately protected; or
the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or
the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .
The suspension may not be for more than 3 months.
The public guardian may not—
extend the suspension; or
suspend the attorney more than once on the same ground arising from the same circumstances.
The public guardian may lift the suspension on the terms the public guardian considers appropriate.
The attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate.
In this section—
attorney means an attorney under an enduring document.
s 34 amd 2019 No. 9 s 91
(sec.34-ssec.1) The public guardian may, by written notice to an attorney, suspend the operation of all or some of an attorney’s power for an adult if the public guardian suspects, on reasonable grounds, that the attorney is not competent.
(sec.34-ssec.2) An attorney is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .
(sec.34-ssec.3) The suspension may not be for more than 3 months.
(sec.34-ssec.4) The public guardian may not— extend the suspension; or suspend the attorney more than once on the same ground arising from the same circumstances.
(sec.34-ssec.5) The public guardian may lift the suspension on the terms the public guardian considers appropriate.
(sec.34-ssec.6) The attorney whose power has been suspended may apply to the tribunal to review the public guardian’s decision to suspend the attorney or the terms on which the suspension is lifted and the tribunal may make the order it considers appropriate.
(sec.34-ssec.7) In this section— attorney means an attorney under an enduring document.
- (a) a relevant interest of the adult has not been, or is not being, adequately protected; or
- (b) the attorney has neglected the attorney’s duties or abused the attorney’s powers, whether generally or in relation to a specific power; or
- (c) the attorney has otherwise contravened this Act, the Guardianship Act or the Powers of Attorney Act .
- (a) extend the suspension; or
- (b) suspend the attorney more than once on the same ground arising from the same circumstances.