Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 58B

Powers and duties in relation to represented persons

58B. Powers and duties in relation to represented persons



(1) Subject to and in accordance with this Act and the administration order
appointing an administrator in each case-

   (a)  the administrator has the general care and management of the estate of
        the represented person; and

   (b)  it is the duty of the administrator to take possession and care of,
        recover, collect, preserve and administer the property and estate of
        the represented person and generally to manage the affairs of the
        represented person and to exercise all rights statutory or otherwise
        which the represented person might exercise if the represented person
        had legal capacity; and

   (c)  the administrator in the name and on behalf of the represented person
        may generally do all acts and exercise all powers with respect to the
        estate as effectually and in the same manner as the represented person
        could have done if the represented person were not under a legal
        disability.

(2) Without limiting subsection (1), an administrator may in the name and on
behalf of a represented person-

   (a)  collect, receive and recover income of and money due or which becomes
        due to and any compensation or damages for injury to the estate or
        person of the represented person; and

   (b)  invest any money in any security in which trustees may by law invest;
        and

   (c)  demise land at a rent and on conditions as the administrator thinks
        fit for any term not exceeding 5 years or, with the consent of the
        Tribunal, for any longer term; and





   (d)  exercise to the extent and in the manner the administrator thinks
        proper any power of leasing vested in the represented person; and

   (e)  surrender any lease, accept any lease, accept the surrender of any
        lease or renew any lease; and

   (f)  bring land under the Transfer of Land Act 1958; and

   (g)  sell, exchange, partition or convert into money any property; and

   (h)  mortgage or charge any property; and

        (i)    pay any debts and settle, adjust or compromise any demand made
               by or against the estate and discharge any encumbrance on the
               estate; and

   (j)  carry on so far as appears desirable any trade, profession or business
        which the represented person carried on; and

   (k)  agree to any alteration of the conditions of any partnership into
        which any represented person has entered or to a dissolution and
        distribution of the assets of the partnership; and

   (l)  bring and defend actions and other legal proceedings in the name of
        the represented person; and

   (m)  execute and sign deeds, instruments and other documents; and

   (n)  complete any contract for the performance of which the represented
        person was liable, or enter into any agreement terminating liability;
        and

   (o)  pay any sum for the maintenance of the represented person (and, in the
        event of his or her death, for funeral expenses) and for the
        maintenance of his or her spouse or domestic partner or any child,
        parent or other person dependent upon him or her and for the
        maintenance and education of his or her children as to the
        administrator seems expedient and reasonable; and

   (p)  do all matters necessary or incidental to the performance of any of
        the above-mentioned matters and apply any money from the estate which
        it is necessary to apply for the purposes of this Act.

(3) An administrator may if it seems to be expedient and reasonable-

   (a)  pay or cause to be paid to the represented person for the personal use
        of that person any amount of money standing to the credit of that
        person with the administrator; and

   (b)  give or cause to be given to the represented person for the personal
        use of that person any personal property which belongs to that person
        and is under the control of the administrator.