(1) This section applies in relation to a proceeding on an application for an order for a person (the relevant person ) under this chapter if the Magistrates Court considers that the person is or may be a person with a legal disability.
(2) The following people may be appointed as a litigation guardian for the relevant person:
(a) an individual who is not a person with a legal disability;
(b) the public advocate.
(3) An individual is appointed under subsection (2) by filing with the Magistrates Court a statement—
(a) about whether, to the best of the individual's knowledge, the relevant person has a guardian or manager, other than the individual; and
(b) to the effect that the individual—
(i) has no interest in the proceeding that is adverse to the interests of the relevant person; and
(ii) agrees to be appointed.
(4) However, if the relevant person has a guardian or manager, other than the individual, the individual may be appointed as the relevant person's litigation guardian only with the Magistrates Court's leave.
(5) For this section:
"guardian"—see the Guardianship and Management of Property Act 1991
, dictionary.
"manager"—see the Guardianship and Management of Property Act 1991
, dictionary.
Note Section 132X sets out what happens if a party with a legal disability does not have a representative, or an appropriate or suitable representative.