Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 47

Persons eligible as administrators

47. Persons eligible as administrators



(1) The Tribunal may appoint as an administrator of the estate of a proposed
represented person-



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   (c)  any person who consents to act as administrator if the Tribunal is
        satisfied that-

   (i)  the person will act in the best interests of the proposed represented
        person; and

   (ii) the person is not in a position where the person's interests conflict
        or may conflict with the interests of the proposed represented person;
        and

   (iii) the person is a suitable person to act as the administrator of the
        estate of the proposed represented person; and

   (iv) the person has sufficient expertise to administer the estate or there
        is a special relationship or other special reason why that person
        should be appointed as administrator.

(2) In determining whether a person is suitable to act as the administrator of
the estate of a proposed represented person, the Tribunal must take into
account-

   (a)  the wishes of the proposed represented person, so far as they can be
        ascertained; and



   (b)  the compatibility of the person proposed as administrator with the
        proposed represented person and with the guardian (if any) of the
        proposed represented person; and





   (c)  whether the person was a member of the Tribunal as constituted for a
        proceeding under this Act.

(2A) The Tribunal may appoint a person who was at any time a member of the
Tribunal as constituted for a proceeding under this Act only if the Tribunal
considers that in the circumstances it is appropriate for the person to act as
an administrator.

(3) Where a parent or nearest relative of the proposed represented person is
proposed as the administrator, that person is not by virtue only of the fact
that that person is a parent or nearest relative to be taken to be in a
position where the person's interests conflict or may conflict with those of
the proposed represented person.

(4) If the Tribunal makes an order-

   (a)  appointing State Trustees as administrator of the estate of a proposed
        represented person; and

   (b)  specifying that the administrator is to have powers and duties which
        are more limited than those referred to in Division 3A-

the Tribunal must give State Trustees a copy of the order as soon as
practicable after it is made.

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