Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


77 .         Represented person incapable of dealing with estate

        (1)         So long as there is in force a declaration by the State Administrative Tribunal under section 64(1) that a person is in need of an administrator of his estate, that person is —

            (a)         incapable of entering into any contract or making any disposition in respect of his estate or any part thereof or interest therein; or

            (b)         subject to Part 9, appointing or conferring any power on an agent or attorney in respect thereof,

                except to the extent that the administrator, with the consent of the Tribunal, in writing authorises him to do so.

        (2)         Any money or property the subject of an attempted dealing by a represented person contrary to subsection (1) may be recovered by the administrator in any court of competent jurisdiction.

        (3)         Nothing in this section affects —

            (a)         any contract for necessaries entered into by a represented person; or

            (b)         any contract or disposition by a represented person made for adequate consideration with, or in favour of, any other person who proves that he acted in good faith and was unaware that that person was a represented person; or

            (c)         anything done under a power of attorney by a person who proves that he acted in good faith and was unaware that the donor of the power was a represented person.

        (4)         Nothing in this section affects any legal incapacity attaching to a represented person by reason of infancy.

        (5)         For the purpose of this section the acceptance of payment of the whole or any part of a debt shall be deemed to be a disposition in respect of the estate.

        [Section 77 amended: No. 55 of 2004 s. 466.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback