South Australian Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 42

42—Power of administrator to avoid dispositions and contracts of protected person

        (1)         Subject to this section—

            (a)         a disposition of property made by a person while his or her estate is subject to administration under this Division; or

            (b)         a contract entered into by a person while his or her estate is subject to administration under this Division,

is voidable at the option of the administrator.

        (2)         A transaction cannot be avoided by an administrator under subsection (1) if the other party to the transaction did not know and could not reasonably be expected to have known that the person with whom he or she dealt had a mental incapacity.

        (3)         The Board may, by order, exempt a disposition of property or contract from the operation of this section if the Board is satisfied that to do so would be for the benefit of the protected person and that he or she has an adequate understanding of the nature of the transaction.

        (4)         Nothing in this section affects the law relating to testamentary dispositions.