Western Australian Current Acts

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64 .         Making of administration order

        (1)         Subject to section 4, where the State Administrative Tribunal is satisfied that a person in respect of whom an application for an administration order is made under section 40

            (a)         is unable, by reason of a mental disability, to make reasonable judgments in respect of matters relating to all or any part of his estate; and

            (b)         is in need of an administrator of his estate,

                the Tribunal may by order declare the person to be in need of an administrator of his estate, and if it does so shall appoint —

            (c)         a person to be the administrator; or

            (d)         persons to be joint administrators,

                as the case may require, of the estate of the person in respect of whom the application is made.

        (2)         Where under subsection (1) the State Administrative Tribunal declares that a person is in need of an administrator of his estate, it shall declare the matter or matters set out in paragraph (a) of that subsection of which it is satisfied.

        (3)         An appointment under subsection (1) —

            (a)         may be made subject to such conditions and restrictions as the State Administrative Tribunal thinks fit;

            (b)         may, subject to section 51 of the Public Trustee Act 1941 , include requirements as to the giving of security to the executive officer and the manner in which it is to be given.

        [Section 64 amended: No. 16 of 1992 s. 18; No. 57 of 1997 s. 67; No 70 of 2000 s. 9; No. 34 of 2004 Sch. 2 cl. 11; No. 55 of 2004 s. 466.]

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