South Australian Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 48

48—Reciprocal administration powers with certain states

        (1)         The Minister may, by notice in the Gazette—

            (a)         declare any country, state or territory to be a reciprocal state for the purposes of this section;

            (b)         vary or revoke any notice under this section.

        (2)         If an authority invested by the laws of any reciprocal state with the custody or administration of the estate of a person with a mental incapacity

            (a)         certifies in writing to the Public Trustee that the person has property in this State; and

            (b)         by instrument in writing authorises the Public Trustee to administer that property within this State,

the Public Trustee has and may exercise in respect of that property all the powers that could be exercised if he or she were the administrator of the estate of that person.

        (3)         Where it appears to the administrator of the estate of a protected person that the protected person has property in a reciprocal state, the administrator may, by instrument in writing directed to the authority of that reciprocal state who is or may be invested by its laws with the custody or administration of the estates of persons (however described under those laws) who have a mental incapacity

            (a)         certify that he or she has the control and management of the estate of the protected person; and

            (b)         authorise the authority to administer the property of the protected person that is in the reciprocal state.

        (4)         An administrator may revoke or vary an authority given under subsection (3).



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