PUBLIC TRUSTEE ACT 1978 - SECT 65
Power of court to make protection order
PUBLIC TRUSTEE ACT 1978 - SECT 65
Power of court to make protection order
65 Power of court to make protection order
(1) Where, upon the application of the public trustee, the court is satisfied
that a person who is under 18 years—
(a) by reason of age, disease, illness,
or physical or mental infirmity or of the person’s taking or using in excess
alcoholic liquors, or any intoxicating, stimulating, narcotic, sedative or
other drug is, either continuously or intermittently—
(i) unable, wholly or
partially, to manage the person’s affairs; or
(ii) subject to, or liable to
be subjected to, undue influence in respect of the person’s estate, or any
part thereof, or the disposition thereof; or
(b) is otherwise in a position
which in the opinion of the court renders it necessary in the interest of that
person or of those dependent upon the person that the person’s property
should be protected;
the court may make a protection order appointing the
public trustee manager to take possession of and to control and manage all or
such part or parts as the court directs of the estate of that person.
(2)
Notice of every application under this section shall be served upon the person
whose property is sought to be protected, unless the court in any special case
otherwise directs.
(3) Upon such an application the court may receive in
evidence a report by the public trustee and may have regard to the matters
contained therein (including any medical or other reports incorporated
therein).