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AGED AND INFIRM PERSONS' PROPERTY ACT 1940

Table of Provisions

PART 1--Preliminary and general

  • 1 Short title
  • 3 Interpretation
  • 4 Exercise of jurisdiction by court
  • 6 Procedure where case not provided for

PART 2--Aged and infirm persons' property

  • 7 Circumstances under which protection order may be made
  • 8 Application for protection order
  • 8A Protection order on court's own initiative
  • 9 Examination of protected person
  • 9A Report on person's affairs
  • 10 Appointment of manager
  • 11 Variation or rescission of protection order
  • 12 Exemption of part of estate
  • 13 Powers of manager
  • 14 Continuance of provision for dependent persons
  • 15 Application of unapplied portion of estate
  • 16 Power to order sale etc
  • 16A Where administration has disturbed entitlements of beneficiaries, the Court has power to intervene
  • 17 Provision where two or more managers
  • 18 Manager to be deemed trustee
  • 19 Filing of statement
  • 20 Percentage of moneys collected payable to Public Trustee
  • 21 Exemption of manager from personal liability
  • 22 Proceedings
  • 23 Inquiry by special magistrate
  • 24 Application to court by Public Trustee
  • 25 Exercise by manager of powers of protected person
  • 26 Execution of assurances etc by manager
  • 27 Power of manager to avoid dispositions and contracts of protected persons
  • 28 Registration of protection order
  • 29 Restriction of testamentary capacity of protected person
  • 30 Relationship between this Act and Guardianship and Administration Act 1993
  • 31 Expenses and remuneration of manager
  • 32 Change of managers
  • 32A Provision for Public Trustee to manage estates of persons in other parts of the world
  • 32B Provision for Public Trustee to request authority in other parts of the world to administer estate of protected persons

PART 3--Perpetuation of testimony relating to testamentary documents

  • 33 Application for order to perpetuate testimony
  • 34 Attendance at examination
  • 35 Conduct of examination
  • 36 Discontinuance of proceedings
  • 37 Report
  • 38 Power of examiner to conduct examination
  • 39 Deposit of depositions and will or codicil
  • 40 Use of depositions as testimony
  • Legislative history The Parliament of South Australia enacts as follows:

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