Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 58C

Exercise of certain powers

58C. Exercise of certain powers



(1) If-

   (a)  a power is vested in a represented person for that person's own
        benefit or the consent of a represented person is necessary to the
        exercise of a power; and

   (b)  the power or consent is in the nature of a beneficial interest in the
        represented person; and

   (c)  it appears to the administrator to be for the benefit of the
        represented person that the power should be exercised or the consent
        given-

the administrator may on behalf and in the name of the represented person
exercise the power or give the consent in any manner the administrator thinks
fit.

(2) If-

   (a)  a power is vested in a represented person in the character of a
        trustee or guardian, or the consent of a represented person to the
        exercise of a power is necessary in the character of a trustee or
        guardian or as a check upon the undue exercise of the power; and

   (b)  it appears to the administrator that the power should be exercised or
        the consent given-

the administrator may on behalf and in the name of the represented person
exercise the power or give the consent in any manner the administrator thinks
fit.

(3) The exercise by an administrator under this section or the State Trust
under section 33 of the State Trust Corporation of Victoria Act 1987 as in
force immediately before the commencement of section 24 of the
State Trustees (State Owned Company) Act 1994 or the Public Trustee under
section 52 of the Public Trustee Act 1958 as in force immediately before the
commencement of section 33 of the State Trust Corporation of Victoria Act 1987
of a power vested in a represented person to appoint a new trustee is to be
taken to be the appointment of a new trustee within the meaning of section 45
of the Trustee Act 1958.