Western Australian Current Acts

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71 .         Authority which may be conferred on administrator

        (1)         The State Administrative Tribunal may, under section 69, vest plenary functions in the administrator of the estate of a represented person.

        (2)         Where plenary functions are vested in an administrator he may perform, or refrain from performing, in relation to the estate of the represented person, or any part of the estate, any function that the represented person could himself perform, or refrain from performing, if he were of full legal capacity.

        (2a)         Despite subsection (2), a plenary administrator may not make a will or other testamentary disposition on behalf of a represented person, but this subsection does not affect the operation of section 111A.

        (3)         Where the State Administrative Tribunal does not under section 69 vest plenary functions in an administrator, it may, under that section, authorise the administrator to perform any specified function, including one or more of those set out in Part A of Schedule 2.

        (4)         The State Administrative Tribunal may require a function to be performed by an administrator and may give directions as to the time, manner or circumstances of the performance.

        (5)         In exercising its jurisdiction under this Part the State Administrative Tribunal may take a liberal view of the best interests of the represented person as mentioned in section 4(2), and in particular may, if the circumstances so require, empower an administrator to make a payment or enter into a transaction of a kind described in section 72(3) on behalf of the represented person.

        [Section 71 amended: No. 55 of 2004 s. 466(1); No. 27 of 2007 s. 25; No. 19 of 2010 s. 51.]

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