32 (1) A guardian of property is a fiduciary whose powers and duties shall be exercised and performed diligently, with honesty and integrity and in good faith, for the incapable person’s benefit.  1992, c. 30, s. 32 (1). Personal comfort and well-being (1.1) If the guardian’s decision will have an effect on the incapable person’s personal comfort or well-being, the guardian shall consider that effect in determining whether the decision is for the incapable person’s benefit.  1996, c. 2, s. 20 (1). Personal care (1.2) A guardian shall manage a person’s property in a manner consistent with decisions concerning the person’s personal care that are made by the person who has authority to make those decisions.  1996, c. 2, s. 20 (1). Exception (1.3) Subsection (1.2) does not apply in respect of a decision concerning the person’s personal care if the decision’s adverse consequences in respect of the person’s property significantly outweigh the decision’s benefits in respect of the person’s personal care.  1996, c. 2, s. 20 (1). Explanation (2) The guardian shall explain to the incapable person what the guardian’s powers and duties are.  1992, c. 30, s. 32 (2). Participation (3) A guardian shall encourage the incapable person to participate, to the best of his or her abilities, in the guardian’s decisions about the property.  1992, c. 30, s. 32 (3). Family and friends (4) The guardian shall seek to foster regular personal contact between the incapable person and supportive family members and friends of the incapable person.  1992, c. 30, s. 32 (4). Consultation (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.  1992, c. 30, s. 32 (5). Accounts (6) A guardian shall, in accordance with the regulations, keep accounts of all transactions involving the property.  1996, c. 2, s. 20 (2). Standard of care (7) A guardian who does not receive compensation for managing the property shall exercise the degree of care, diligence and skill that a person of ordinary prudence would exercise in the conduct of his or her own affairs.  1992, c. 30, s. 32 (7). Same (8) A guardian who receives compensation for managing the property shall exercise the degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise.  1992, c. 30, s. 32 (8). P.G.T. (9) Subsection (8) applies to the Public Guardian and Trustee.  1992, c. 30, s. 32 (9). Management plan, policies of P.G.T. (10) A guardian shall act in accordance with the management plan established for the property, if the guardian is not the Public Guardian and Trustee, or with the policies of the Public Guardian and Trustee, if he or she is the guardian.  1992, c. 30, s. 32 (10). Amendment of plan (11) If there is a management plan, it may be amended from time to time with the Public Guardian and Trustee’s approval.  1992, c. 30, s. 32 (11). Application of Trustee Act (12) The Trustee Act
does not apply to the exercise of a guardian’s powers or the performance of a guardian’s duties.  1992, c. 30, s. 32 (12). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 20 (1, 2) - 29/03/1996