Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 46

Appointment of administrator

46. Appointment of administrator



(1) If the Tribunal is satisfied that-

   (a)  the person in respect of whom an application for an order appointing
        an administrator is made-

   (i)  is a person with a disability; and

   (ii) is unable to make reasonable judgments in respect of the matters
        relating to all or any part of her or his estate by reason of the
        disability; and

   (iii) is in need of an administrator of her or his estate; and

   (b)  in the case of an application in respect of a person who does not
        reside in Victoria, State Trustees has not been authorised under
        section 12 of the State Trustee (State Owned Company) Act 1994 to
        collect, manage, sell or otherwise dispose of or administer any
        property in Victoria which forms part of the estate of the person in
        respect of whom the application is made-

the Tribunal may make an order appointing an administrator of that person's
estate.

(2) In determining whether or not a person is in need of an administrator of
her or his estate, the Tribunal must consider-

   (a)  whether the needs of the person in respect of whom the application is
        made could be met by other means less restrictive of the person's
        freedom of decision and action; and

   (b)  the wishes of the person in respect of whom the application is made,
        so far as they can be ascertained.

(3) The Tribunal cannot make an order under subsection (1) unless it is
satisfied that the order would be in the best interests of the person in
respect of whom the application is made.

(4) Where the Tribunal makes an order appointing an administrator of a
person's estate, the order made must be that which is the least restrictive of
that person's freedom of decision and action as is possible in the
circumstances.