Victorian Numbered Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 114

VCAT may specify in an administration (missing person) order that the administrator has any or all of the following powers in relation to a financial matter specified in the order—

        (a)     the power to collect, receive and recover—

              (i)     income of the missing person; and

              (ii)     money due or which becomes due to the missing person; and

              (iii)     any compensation or damages for injury to the estate or person of the missing person;

        (b)     the power to invest any money in any security in which a trustee may by law invest;

        (c)     the power to demise land at a rent and on conditions as the administrator thinks fit for any term not exceeding 5 years or, with the consent of VCAT, for any longer term;

        (d)     the power to exercise, to the extent and in the manner the administrator thinks fit, any power of leasing vested in the missing person;

        (e)     the power to surrender any lease, accept any lease, accept the surrender of any lease or renew any lease;

        (f)     the power to bring land under the Transfer of Land Act 1958 ;

        (g)     the power, with the approval of VCAT, to sell, exchange, partition or convert into money any property;

        (h)     the power to mortgage or charge any property;

              (i)     the power to pay any debts and settle, adjust or compromise any demand made by or against the missing person's estate and discharge any encumbrance on the missing person's estate;

        (j)     the power to carry on, to the extent the administrator thinks appropriate, any trade, profession or business which the missing person carried on;

        (k)     the power to agree to any alteration of a condition of any partnership into which the missing person has entered or to a dissolution and distribution of the assets of the partnership;

        (l)     the power to execute and sign deeds, instruments and other documents;

        (m)     the power to complete any contract for the performance of which the missing person was liable, or enter into any agreement terminating liability;

        (n)     the power to pay a sum for—

              (i)     the maintenance of the missing person's spouse or domestic partner or any child, parent or other person dependent on the missing person; and

              (ii)     the education of any child of the missing person;

        (o)     any other relevant power in relation to a specified financial matter.