Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GUARDIANSHIP AND ADMINISTRATION ACT 1986 - SECT 47

Persons eligible as administrators

S. 47(1) amended by No. 52/1998
s. 127(1)(a).

    (1)     The Tribunal may appoint as an administrator of the estate of a proposed represented person

S. 47(1)(a) amended by No. 55/1987 s. 57(2)(Sch. 4 item 7), repealed by No. 40/1999 s. 15(1)(a).

        *     *     *     *     *

S. 47(1)(b) repealed by No. 40/1999 s. 15(1)(a).

    *     *     *     *     *

S. 47(1)(c) amended by Nos 52/1998
s. 127(1)(a), 40/1999 s. 15(1)(b).

        (c)     any person who consents to act as administrator if the Tribunal is satisfied that—

              (i)     the person will act in the best interests of the proposed represented person; and

              (ii)     the person is not in a position where the person's interests conflict or may conflict with the interests of the proposed represented person; and

              (iii)     the person is a suitable person to act as the administrator of the estate of the proposed represented person; and

              (iv)     the person has sufficient expertise to administer the estate or there is a special relationship or other special reason why that person should be appointed as administrator.

S. 47(2) amended by No. 52/1998
s. 127(1)(a).

    (2)     In determining whether a person is suitable to act as the administrator of the estate of a proposed represented person, the Tribunal must take into account—

S. 47(2)(a) amended by No. 3/2006 s. 17(2).

        (a)     the wishes of the proposed represented person, so far as they can be ascertained; and

S. 47(2)(b) amended by No. 40/1999 s. 15(2).

        (b)     the compatibility of the person proposed as administrator with the proposed represented person and with the guardian (if any) of the proposed represented person; and

S. 47(2)(c) inserted by No. 40/1999 s. 15(2).

        (c)     whether the person was a member of the Tribunal as constituted for a proceeding under this Act.

S. 47(2A) inserted by No. 40/1999 s. 15(3).

    (2A)     The Tribunal may appoint a person who was at any time a member of the Tribunal as constituted for a proceeding under this Act only if the Tribunal considers that in the circumstances it is appropriate for the person to act as an administrator.

    (3)     Where a parent or nearest relative of the proposed represented person is proposed as the administrator, that person is not by virtue only of the fact that that person is a parent or nearest relative to be taken to be in a position where the person's interests conflict or may conflict with those of the proposed represented person.

S. 47(4) amended by Nos 55/1987 s. 57(2)(Sch. 4 item s 8 10), 45/1994 s. 33(2), 52/1998
s. 127(1)(a), 40/1999 s. 15(4)(a)(b), substituted by No. 41/2002 s. 20.

    (4)     If the Tribunal makes an order—

        (a)     appointing State Trustees as administrator of the estate of a proposed represented person; and

        (b)     specifying that the administrator is to have powers and duties which are more limited than those referred to in Division 3A—

the Tribunal must give State Trustees a copy of the order as soon as practicable after it is made.

S. 47(5) amended by Nos 55/1987 s. 57(2)(Sch. 4 item 11), 52/1998
s. 127(1)(a), repealed by No. 40/1999 s. 15(5).

        *     *     *     *     *

S. 47A inserted by No. 40/1999 s. 16.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback