PROTECTED ESTATES ACT 1983 - SECT 24 Powers as to property

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 24

24 Powers as to property

(1) In respect of the estate of a protected person or protected missing person the management of which is committed to the Protective Commissioner, the Protective Commissioner shall have, and may exercise:

(a) all functions necessary and incidental to its management and care, and

(b) such other functions as the Court may direct or authorise the Protective Commissioner to have or exercise.

(2) Without limiting the generality of subsection (1) but subject to subsection (3), the Protective Commissioner shall have, and may exercise, the following functions in respect of the estate of a protected person or protected missing person the management of which is committed to the Protective Commissioner, that is to say, the Protective Commissioner may:

(a) receive money, rent, income and profit of real and personal property,

(b) grant leases of property,

(c) surrender a lease and accept a new lease,

(d) accept a surrender of a lease and grant a new lease,

(e) execute a power of leasing vested in the protected person or protected missing person having a limited estate only in the property over which the power extends,

(f) sell, realise, charge and mortgage real and personal property,

(g) settle, adjust and compromise a demand made by or against the estate,

(h) make exchange or partition of property and give or receive money for equality of exchange or partition,

(i) carry on a business which the protected person or protected missing person had carried on, so far as may appear desirable for the purpose of more advantageously disposing of, or winding up, the business or preserving the business until the protected person or protected missing person is able to carry it on,

(j) agree to an alteration of the conditions of a partnership into which the protected person or protected missing person has entered, for the purpose of more advantageously disposing of an interest in the partnership or terminating liability,

(k) complete a contract for the performance of which the protected person or protected missing person is liable or enter into an agreement terminating the liability,

(l) surrender, assign or otherwise dispose of, with or without consideration, onerous property,

(m) exercise a power, or give a consent required for the exercise of a power, where the power is vested in the protected person or protected missing person for the benefit of the protected person or protected missing person or the power of consent is in the nature of a beneficial interest in the protected person or protected missing person,

(n) sequestrate the estate under the bankruptcy laws,

(o) bring and defend actions, suits and other proceedings, on behalf of the protected person or protected missing person,

(p) bring land under the Real Property Act 1900 .

(3) The Protective Commissioner shall not, in the exercise of any functions referred to in subsection (2), grant or accept a lease of land for a term exceeding 5 years without the direction of the Court.