Western Australian Current Acts

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70 .         Administrator to act in best interests of represented person

        (1)         An administrator shall act according to his opinion of the best interests of the represented person.

        (2)         Without limiting the generality of subsection (1), an administrator acts in the best interests of a represented person if he acts as far as possible —

            (a)         as an advocate for the represented person in relation to the estate;

            (b)         in such a way as to encourage the represented person to live in the general community and participate as much as possible in the life of the community;

            (c)         in such a way as to encourage and assist the represented person to become capable of caring for himself and of making reasonable judgments in respect of matters relating to his person;

            (d)         in such a way as to protect the represented person from financial neglect, abuse or exploitation;

            (e)         in consultation with the represented person, taking into account, as far as possible, the wishes of that person as expressed, in whatever manner, or as gathered from the person’s previous actions;

            (f)         in the manner that is least restrictive of the rights, while consistent with the proper protection, of the represented person;

            (g)         in such a way as to maintain any supportive relationships the represented person has; and

            (h)         in such a way as to maintain the represented person’s familiar cultural, linguistic and religious environment.

        (3)         Nothing in subsection (2)(a) shall be read as authorising an administrator to act contrary to the Legal Profession Act 2008 .

        (4)         Nothing in subsection (2) shall be read as restricting the functions of an administrator at common law or under any written law.

        [Section 70 amended: No. 70 of 2000 s. 10; No. 65 of 2003 s. 40(4); No. 21 of 2008 s. 667(4).]

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