Disability Law Primer (PDF) - ARCH Disability Law Centre

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  • s. 32. (4) The guardian shall seek to foster regular personal contact
    between the incapable person and supportive family members and friends
    of the incapable person.

  • s. 32. (5) The guardian shall consult from time to time with,
    (a) supportive family members and friends of the incapable person who
    are in regular personal contact with the incapable person; and
    (b) the persons from whom the incapable person receives personal care.

  • s. 32. (6) A guardian shall, in accordance with the regulations, keep
    records of all transactions involving the property.

  • s. 33(1) A guardian of property is liable for damages resulting from a
    breach of the guardian’s duty


The SDA also lists expenditures that are required to be made by the guardian of
property from the incapable person’s property:



  • s. 37. (1)

    1. The expenditures that are reasonably necessary for the person’s
      support, education and care.

    2. The expenditures that are reasonably necessary for the support
      education and care of the person’s dependants

    3. The expenditures that are necessary to satisfy the person’s other legal
      obligations.




b. Guardians of the Person

Section 59(2) of SDA provides the following list of functions that a guardian of the
person may perform. The use of the term “may’ in this section suggests that it
cannot be assumed that every court appointed guardian has an autonomic right

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