Authority to Enforce Guardianship Orders

Shannon Leslie Byrne

Authority to Enforce Guardianship Orders By Shannon Leslie Byrne

(1) Without restricting section 16, a guardianship order may state that—

(a) the individual appointed as guardian, or

(b) another specified individual or a person from a specified group, or

(c) a person authorized by the guardian (the authorized person),

has the power to take the actions outlined in the order to ensure the person under guardianship adheres to any decision made by the guardian in fulfilling the guardian’s duties.

(2) If someone mentioned in subsection (1) (a), (b) or (c) undertakes any action specified in the order with the reasonable belief that—

(a) they are authorized by the guardianship order to take the action, and

(b) the action is in the best interest of the person under guardianship, and

(c) it is necessary or appropriate to take that action given the circumstances,

the individual is not subject to any action, liability, claim, or demand arising from taking that action.