GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 108

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 108

108 .         Appointment of administrator

        (1)         Where it makes an administration order or an order under section 65 or 66 in respect of the estate of the donor of an enduring power of attorney —

            (a)         created under section 104, the State Administrative Tribunal may revoke or vary the power; or

            (b)         recognised by the State Administrative Tribunal under section 104A(2), the Tribunal may revoke that recognition.

        (1a)         Despite subsection (1), where the State Administrative Tribunal makes an order referred to in that subsection and the continued operation of an enduring power of attorney would be inconsistent with the functions of the administrator or person acting under section 65 or 66, the Tribunal —

            (a)         in the case of an enduring power of attorney created under section 104, shall revoke the power or vary it to remove the inconsistency; or

            (b)         in the case of an enduring power of attorney recognised by the Tribunal under section 104A(2), shall revoke that recognition.

        (2)         Subject to subsection (1), where an administrator of the estate or of part of the estate of the donor of an enduring power of attorney is appointed —

            (a)         the donee of the power is accountable to the administrator as if the administrator were the donor of the power; and

            (b)         the administrator has the same power to vary or revoke the power as the donor would have if he were of full legal capacity.

        (3)         In relation to an enduring power of attorney recognised by the State Administrative Tribunal under section 104A(2) —

            (a)         the operation of subsection (2)(a) is limited to the donor’s estate within Western Australia; and

            (b)         subsection (2)(b) does not apply but the administrator may apply to the Tribunal to revoke recognition of the enduring power of attorney.

        (4)         Section 41(1) and (3) apply, with all necessary changes, to an application under subsection (3)(b) as if it were an application for an administration order.

        [Section 108 amended: No. 7 of 1996 s. 33; No. 55 of 2004 s. 454 and 466.]