Saturday, 2 October 2010

New Guardianship Regulations for NSW

On 1 September 2010 the new Guardianship Regulation 2010 came into effect.

The Guardianship Regulation supplements the Guardianship Act 1987 (NSW) and enables the practical operation of many provisions of the Act.

The Guardianship Regulation 2010 is the same as the Guardianship Regulation 2005 with some key changes:

Drugs of addiction are no longer special medical treatment under the Guardianship Act. Drugs of addiction will now be major medical treatment. A person responsible or the guardianship Tribunal can consent to drugs of addiction for incapable patients.

Eligible Witnesses: There are now additional groups of people of people who can witness an enduring guardianship appointment, resignation or revocation. The new eligible witnesses are overseas lawyers or employees of the NSW Trustee & Guardian or Office of the Public Guardian who have done an approved course and have been approved by the Chief Executive Officer of the NSW Trustee & Guardian to perform the witnessing role.

Enduring Guardianship Forms: There have been some changes to the enduring guardianship appointment, revocation and resignation forms to make them easier to use.

WA appointments: Enduring guardianship appointments made in Western Australia are now recognized in New South Wales.

To download a copy of the regulation go to: http://www.legislation.nsw.gov.au/sessionalview/sessional/subordleg/2010-426.pdf

If you have any questions about the changes made by the Regulations, contact the Guardianship Tribunal on Ph: (02) 9556 7600 or email: enquiry@gt.nsw.gov.au

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