GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 68
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 68
68 . Who may be appointed administrator
(1) An administrator
(including a joint administrator) shall be —
(a) an
individual of or over the age of 18 years; or
(b) a
corporate trustee,
who has consented to
act and who, in the opinion of the State Administrative Tribunal —
(c) will
act in the best interests of the person in respect of whom the application is
made; and
(d) is
otherwise suitable to act as the administrator of the estate of that person.
(2) The State
Administrative Tribunal shall not appoint as administrator a corporate trustee
that is a trustee company under the Trustee Companies Act 1987 unless it is
satisfied that —
(a)
there is an individual who would otherwise be appointed as administrator and
that individual has in writing requested the appointment of that trustee
company; or
(b) the
person in respect of whom the application is made has made a will appointing
the trustee company as executor and the will remains unrevoked at the time of
the appointment.
(3) For the purposes
of subsection (1), the State Administrative Tribunal shall take into account
as far as is possible —
(a) the
compatibility of the proposed appointee with the person in respect of whom the
application is made and with the guardian (if any) of that person;
(b) the
wishes of that person; and
(c)
whether the proposed appointee will be able to perform the functions proposed
to be vested in the administrator.
(4) The fact that a
person is the guardian of a person does not disqualify him from being
appointed as the administrator of the estate of that person.
(5) Except where he is
appointed to act jointly with another person or other persons, the State
Administrative Tribunal shall not appoint the Public Advocate as an
administrator unless there is no other individual or corporate trustee who is
suitable and willing to act.
[Section 68 amended: No. 7 of 1996 s. 23; No. 55
of 2004 s. 466(1).]