PUBLIC TRUSTEE AND GUARDIAN ACT 1985 - SECT 13 Capacities in which public trustee and guardian may act

PUBLIC TRUSTEE AND GUARDIAN ACT 1985 - SECT 13

    (1)     Subject to this Act, the public trustee and guardian may be appointed and act under that name as—

        (a)     a trustee; or

        (b)     an executor or administrator, including administrator pendente lite ; or

        (c)     a collector of an estate of a person under an order to collect and administer that estate; or

        (d)     a receiver; or

        (e)     an agent or attorney; or

        (f)     a manager of property, whether real or personal; or

        (g)     a guardian of the estate of any person; or

        (h)     a guardian or manager for a person if appointed by the ACAT; or

              (i)     the person responsible for the disposal of the body of an unclaimed deceased person.

    (2)     Subject to this Act, the public trustee and guardian may become (whether by election or otherwise) and may act under that name as a manager of property, whether real or personal.

    (3)     The public trustee and guardian shall not accept a trust established exclusively or primarily for religious purposes.

    (4)     The public trustee and guardian may decline to accept, or accept subject to such conditions as the public trustee and guardian thinks fit, a trust or an appointment to act in any capacity.

    (5)     The public trustee and guardian is not entitled to exercise a power under subsection (4)—

        (a)     in relation to a trust that devolves on the public trustee and guardian or an appointment of the public trustee and guardian that is made specifically by law; or

        (b)     in relation to an appointment that was made by order of the court; or

        (c)     on the ground only of the small value of the relevant property or estate.