Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 8AA

Manager for missing person's property

    (1)     This section applies if the ACAT is satisfied, on application, that—

        (a)     someone is a missing person; and

        (b)     the person usually lives in the ACT; and

        (c)     while the person is missing, there is, or is likely to be, a need for a decision in relation to the person's financial matters or property; and

        (d)     the person's interests will be significantly adversely affected if a manager is not appointed.

    (2)     However, the ACAT must not consider an application under subsection (1) in relation to a person if—

        (a)     the public trustee and guardian has made an application to the Supreme Court to be appointed the manager of the person's property under the Public Trustee and Guardian Act 1985

, section 34 (Application for appointment as manager of property) and the application has not been finally dealt with; or

        (b)     the Supreme Court has appointed the public trustee and guardian manager of the person's property under that Act, section 34 (2).

    (3)     The ACAT may be satisfied that a person is a missing person only if satisfied that—

        (a)     it is not known whether the person is alive; and

        (b)     reasonable efforts have been made to find the person; and

        (c)     for at least 90 days, the person has not contacted—

              (i)     anyone who lives at the person's last-known home address; or

              (ii)     any relative or friend of the person with whom the person is likely to communicate.

Examples of contact

1     telephone call

2     physical sighting of the person

    (4)     The ACAT may, by order, appoint a manager to manage all, or a stated part, of the missing person's property, with the powers that the ACAT is satisfied are necessary or desirable to allow the manager to make decisions in relation to the property in accordance with the decision-making principles as if the missing person were a protected person.

Note     The ACAT's power to appoint a manager is restricted under s 8A.

    (5)     An application under subsection (1), or an appointment under subsection (4), does not prevent the public trustee and guardian making an application under the Public Trustee and Guardian Act 1985

, section 34 in relation to the property to which the application or appointment relates.

    (6)     The Legislation Act

, part 19.3 (Appointments) does not apply to an appointment under subsection (4).



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