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In forceAmended2020 Revised Edition

Part 4 · Probate and Administration

26. Guardianship of person prohibited

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Amended

Last amended by an amending law of 2016.

(1)

A licensed trust company must not be any of the following:

(a)

a guardian of the person of an infant;

(b)

a donee of a lasting power of attorney which is granted by an individual under the Mental Capacity Act 2008, and under which that individual confers on the donee authority to make decisions in relation to the personal welfare of that individual;

(c)

a deputy who is appointed or deemed to be appointed for an individual by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the personal welfare of that individual.

(2)

Any licensed trust company which accepts any appointment in contravention of subsection (1) shall be guilty of an offence.

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