South Australian Consolidated Acts South Australian Consolidated Acts39—Powers and duties of administrator
(1) Where an
administrator is appointed under this Division—
(a) the
estate the subject of the order does not vest in the administrator but,
subject to this Act, he or she has the control and management of it;
(b) the
administrator has the duties and obligations of and is accountable as a
trustee in relation to the estate and the protected person.
(2) Subject to this
Act and the terms of the administration order, an administrator may—
(a)
sell, either by public auction or private contract, any property, or interest
in property, of the protected person; or
(b)
purchase or otherwise acquire as an investment any property (being an
authorised trustee investment) on behalf of the protected person, whether as a
sole proprietor, joint tenant or tenant in common; or
(c) pay
any amount necessary to provide proper accommodation for the protected person
and, in appropriate circumstances, for a spouse, domestic partner or dependent
child of the protected person; or
(d) take
on lease or concur in taking on lease any property on behalf of the
protected person; or
(e)
lease or concur in the leasing of any property of the protected person; or
(f)
insure any property of the protected person; or
(g) pay
all rates, taxes, insurance premiums or other outgoings payable in respect of
the protected person's property; or
(h)
surrender any policy of life assurance vested in the protected person; or
(i)
grant powers of attorney to any person in or out of the
State to do any act or thing with respect to the property that the
administrator has power to do under this section; or
(j)
institute or defend, in the administrator's own name or in the name of the
protected person, any action or other proceeding relating to the protected
person's estate and suffer judgment to go by default, or consent to any
judgment, decree, or order in the action or proceeding, upon such terms as he
or she thinks fit; or
(k)
compromise any claims or demands made against or by or on behalf of the
protected person or his or her estate, upon such terms as the administrator
thinks fit; or
(l)
submit or join in the submission of any claim or dispute to arbitration, and
take any action necessary to facilitate the arbitration of any claim or
dispute; or
(m) take
criminal proceedings concerning the property; or
(n)
demand and receive all money payable or belonging to the protected person and
take any action necessary to recover that money; or
(o)
apply money belonging to the protected person (whether income or capital) in
or towards the payment of any debt, obligation or liability of the
protected person, or incurred by the administrator in the exercise of powers
or duties under this Division; or
(p)
discharge any mortgage over the protected person's property; or
(q)
surrender, assign or otherwise dispose of, with or without consideration, any
onerous property; or
(r)
surrender or concur in surrendering any lease on behalf of the
protected person; or
(s)
accept a surrender of any lease on behalf of the protected person; or
(t)
perform contracts entered into by the protected person; or
(u)
exercise the powers of a proprietor under the Real Property Act 1886 in
relation to any land, or interest in land, of the protected person; or
(v)
lodge a caveat in respect of any land under the
provisions of the Real Property Act 1886 in which the administrator
claims that the protected person has an interest; or
(w)
apply, in the administrator's discretion, and in such manner and to such
extent as he or she thinks fit, any property for the maintenance or benefit of
the protected person, the maintenance of the spouse or domestic partner of the
protected person, or for the maintenance, education or advancement of the
children or grandchildren of the protected person, or for the payment of the
expenses of his or her funeral; or
(x)
take up any rights to the issue of new shares to which
the protected person becomes entitled (whether an authorised trustee
investment or not); or
(y)
carry on any trade or business of the protected person; or
(z)
repair any of the property or expend money in the improvement of any property
of the protected person by way of building or otherwise; or
(za)
apply for and, if granted, undertake administration for the use and benefit of
the protected person during his or her incapacity where the protected person
would, but for that incapacity, be entitled to a grant of probate or
administration; or
(zb)
execute any instruments for the purposes of exercising his or her powers under
this section; or
(zc)
exercise any other powers conferred on the administrator by or under this Act
or any other Act.
(3) The
regulations—
(a) may
prescribe limits as to the amount of money that can be expended by an
administrator in the exercise of any particular power under this section; and
(b) may
provide that any such limit can be exceeded only with the approval of the
Board.
(4) An administrator
cannot sell, lease (except for a period not exceeding two years) or otherwise
dispose of any real property or purchase, take on lease (other than for the
accommodation of the protected person) or otherwise acquire any real property,
without the approval of the Board.
(5) Nothing in this
section obliges an administrator to convert any property into an authorised
trustee investment.