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GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 46 Powers of administrators

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 46

Powers of administrators

    (1)     An administration order confers on the person appointed as administrator

        (a)     a power to make decisions about the financial matters in relation to the represented person specified in the order; and

        (b)     a power to make gifts in accordance with section 47; and

        (c)     a power of investment in accordance with section 48; and

        (d)     a power to open the will of the represented person in accordance with section 49; and

        (e)     any other power that is specified in the order; and

Note

Sections 51 and 52 provide for powers which may be specified in an administration order.

        (f)     a power to sign and do any thing that is necessary to give effect to any power or duty vested in the administrator; and

        (g)     a power to do all matters necessary or incidental to the performance of any power conferred on the administrator.

    (2)     For the purposes of subsection (1)(e), VCAT may only specify a power if VCAT is satisfied that the power is necessary or desirable for the purposes of promoting the represented person's personal and social wellbeing.

    (3)     Subject to, and in accordance with, this Act and the administration order, an administrator may do all acts and exercise all powers in relation to the financial matters specified in the order in the name, and on behalf, of the represented person as effectually and in the same manner as the represented person may have done if the represented person had the relevant decision-making capacity.

    (4)     A decision made, action taken, consent given or thing done by an administrator under an administration order has effect as if it were made, taken, given or done by the represented person and the represented person had decision-making capacity for the matter in relation to which the order was made.