Victorian Numbered Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2019 (NO. 13 OF 2019) - SECT 47

    (1)     Except as provided in any order of VCAT, an administrator may make a gift of a represented person's property if—

        (a)     the gift is reasonable, having regard to all the circumstances, including the represented person's financial circumstances; and

        (b)     the gift is—

              (i)     to a relative or a close friend of the represented person and is of a seasonal nature or for a special event; or

Example

An example of a special event is a birth or a marriage.

              (ii)     of a type of donation that the represented person made when the represented person had decision-making capacity in relation to making donations or that the represented person might reasonably be expected to make.

    (2)     A gift may be made by an administrator under subsection (1) even if the gift is made to—

        (a)     the administrator; or

        (b)     a relative or close friend of the administrator; or

        (c)     an organisation with which the administrator has a connection.

Note

Section 61 sets out accounting requirements in relation to certain gifts that are of or over $100 or the prescribed amount (whichever is greater).