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Guardianship and Administration Act 1993

Government of South Australia Country Resources Capacity related legislation South Australia 1993 Legislation/regulation legal capacity

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An Act to provide for the guardianship of persons unable to look after their own health,
safety or welfare or to manage their own affairs and for the management of the estates of
such persons; and for other purposes.

Part 1—Preliminary
1 Short title
3 Interpretation
4 Interaction of this Act with other Acts
5 Principles to be observed
Part 2—Administration
Division 1—The Guardianship Board
6 Establishment and constitution of Board
7 President and Deputy Presidents
8 Panels
9 Vacancies in office of President or Deputy President or on panels
10 Allowances and expenses
11 Validity of acts of the Board
12 Decisions of Board
13 Board may appoint assistants
14 Powers and procedures of Board
15 Board may require reports
15A Mediation
16 Annual report by Board
Division 2—Officers of the Board
17 The Registrar
17A Executive Officer
Division 3—The Public Advocate
18 The Public Advocate
19 Appointment of Public Advocate
20 Term of office of Public Advocate etc
21 General functions of Public Advocate
22 Public Advocate may raise matters with the Minister and the Attorney-General
23 Delegation by Public Advocate
24 Annual report
Guardianship and Administration Act 1993—20.12.2010
2 This version is not published under the Legislation Revision and Publication Act 2002 [20.12.2010]
Part 3—Power to appoint an enduring guardian
25 Appointment of enduring guardian
26 Revocation of appointment by Board
27 Special powers to place and detain etc mentally incapacitated person
Part 4—Orders for guardianship or administration
Division 1—Investigations
28 Investigations by Public Advocate
Division 2—Guardianship orders
29 Guardianship orders
30 Variation or revocation of guardianship order
31 Powers of guardian
32 Special powers to place and detain etc protected persons
33 Applications under this Division
34 Reciprocal guardianship arrangements
Division 3—Administration orders
35 Administration orders
36 Variation or revocation of administration order
37 Applications under this Division
38 Copy of order must be forwarded to Public Trustee
39 Powers and duties of administrator
40 Administrator's access to wills and other records
41 Power of administrator to continue to act after death etc of protected person
42 Power of administrator to avoid dispositions and contracts of protected person
43 Where administration has disturbed entitlements of beneficiaries, the Supreme Court has
power to intervene
44 Reporting requirements for private administrators
45 Reporting by Public Trustee
46 Remuneration of professional administrators
47 Registration of administration orders
48 Reciprocal administration powers with certain states
Division 4—Provisions applicable to guardians and administrators appointed under
this Part
49 Withdrawal of applications
50 Criteria for determining suitability for appointment
51 Consent to appointment
52 Joint appointments
53 Commencement of orders
54 Termination of appointment
55 Board must give statement of appeal rights
56 Restriction of testamentary capacity of protected person
57 Review of Board's orders
Part 5—Consent to medical and dental treatment of mentally incapacitated
58 Application of this Part
20.12.2010—Guardianship and Administration Act 1993
[20.12.2010] This version is not published under the Legislation Revision and Publication Act 2002 3
59 Consent of certain persons is effective
60 Person must not give consent unless authorised to do so under this Part
61 Prescribed treatment not to be carried out without Board's consent
63 Board's consent must be in writing
Part 6—Appeals and references of questions of law
Division 1—Review of Registrar's decisions and references of questions of law
64 Decisions of the Registrar are subject to review
65 Question of law may be referred to Supreme Court
Division 2—Appeals to the Administrative and Disciplinary Division of the District
66 Constitution of ADD
67 Appeal from decisions of Board
Division 3—Appeals to the Supreme Court
70 Appeals from decisions of ADD
71 Method of conducting appeal
Division 4—General provisions
72 Operation of orders pending appeal
73 Representation on appeals
Part 7—Miscellaneous
74 Board may give advice, direction or approval
75 Administrators and guardians to keep each other informed
76 Illtreatment or neglect of person with mental incapacity
77 Offences in relation to certain certificates and reports
78 Medical practitioner, psychologist or other health professional cannot act under this Act in
respect of a relative
79 Improper inducement to appoint enduring guardian
80 Duty to maintain confidentiality
81 Prohibition of publication of reports of proceedings
82 Service of notices
84 Evidentiary provisions
85 Regulations


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