Cap. 16 Art. 188CObligations in respect of acts of guardianship.

(1) The provisions of this Sub-title shall be construed and interpreted and every function, power, authority, discretion, duty or right conferred by this Sub-title or by any regulations made thereunder shall be exercised in such manner that:

(a) the will of the person subject to guardianship is respected and given effect to the maximum extent possible;

(b) the welfare of the person subject to guardianship is promoted and fostered;

(c) the means used for the purpose of guardianship shall be proportionate to the aims which they are intended to achieve; and

(d) the freedom of choice and action of the person subject to guardianship shall only be restricted when necessary and only to an extent that is proportionate to the aim pursued.

(2) In the exercise of his obligations the guardian shall act in the best interests of the person subject to guardianship and shall:

(a) take appropriate measures to provide the support that the person subject to guardianship may require in exercising his legal capacity himself insofar as this is possible;

(b) consult with the person subject to guardianship and take into account and respect the rights, will and preferences of the person insofar as this is possible;

(c) encourage the person subject to guardianship to participate as far as possible in the life of the community;

(d) encourage and assist the person subject to guardianship to become capable of caring for himself and for his property and of making responsible judgements in respect of matters relating to his person and property;

(e) protect the person subject to guardianship from neglect, abuse or exploitation; and

(f) provide to the person subject to guardianship, as far as possible, any assistive means as may be required for the proper fulfilment of the obligations provided in this sub-article.

(3) Subject to the limits imposed in the Guardianship Order or by any other decision which the Guardianship Board may give from time to time, a guardian may on behalf of a person subject to guardianship sign and do all such things as are necessary to give effect to any functions or obligations vested in the guardian.