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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 00:20, 11 October 2022
, 00:20, 11 October 2022→b) Duties and Powers
| Line 549: | Line 549: | ||
The monitor’s duties and powers are outlined in s 20 of the RAA. The monitor must: | The monitor’s duties and powers are outlined in s 20 of the RAA. The monitor must: | ||
* Make reasonable efforts to ensure that the representative is fulfilling their duties (these duties are set out in s 16 of the RAA) | |||
* Act honestly and in good faith and use the care, attention and skill of a responsible person | |||
However, a monitor cannot make decisions on behalf of the adult. | However, a monitor cannot make decisions on behalf of the adult. | ||
If the monitor is concerned that the representative is not fulfilling their duties, the monitor must raise their concern with the representative(s) and the adult and try to solve the problem through discussion and communication. The monitor may require the representative to report to them or produce accounts (RAA s 20(4)). The monitor has a right to visit and speak with the adult at any reasonable time (RAA s 20(2)) and any person with custody or control of the adult is prohibited from hindering the monitor’s access to the adult (RAA s 20(3)). If, after checking and discussion, the monitor believes that the representative is not following their duties or is abusing the adult in any way, the monitor is legally required to contact the PGT to make a complaint (RAA s 20(5)). | If the monitor is concerned that the representative is not fulfilling their duties, the monitor must raise their concern with the representative(s) and the adult and try to solve the problem through discussion and communication. The monitor may require the representative to report to them or produce accounts (RAA s 20(4)). The monitor has a right to visit and speak with the adult at any reasonable time (RAA s 20(2)) and any person with custody or control of the adult is prohibited from hindering the monitor’s access to the adult (RAA s 20(3)). If, after checking and discussion, the monitor believes that the representative is not following their duties or is abusing the adult in any way, the monitor is legally required to contact the PGT to make a complaint (RAA s 20(5)). | ||
==== c) Payment and Expenses ==== | ==== c) Payment and Expenses ==== | ||