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GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SCHEDULE 2

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SCHEDULE 2

[s. 71(3) and 72(1)]

        [Heading inserted: No. 19 of 2010 s. 18(4).]

Part A — Administrator

        [Heading inserted: No. 19 of 2010 s. 18(4).]

1.                 To take possession of all or any of the property of the represented person.

2 .                 To demand, receive and recover income of, and moneys due or that become due to, and any compensation or damages for injury to the estate or the person of, the represented person.

3.                 To pay any debts of, and settle or compromise, any demand made by, or against, the represented person or against the estate and discharge any encumbrance on the estate.

4.                 To invest any moneys forming part of the estate in any securities in which trustees may by law invest.

5.                 To sell, or grant an option to purchase, any property of the represented person, by public auction or private contract, in such manner and on such terms or conditions and for such purposes as the State Administrative Tribunal, or, if the Tribunal so orders, the administrator, thinks fit.

6.                 To grant or concur in granting a lease of any property of the represented person for such term and on such covenants, including, without limitation, an option or options of renewal as the State Administrative Tribunal or, if the Tribunal so orders, the administrator thinks fit.

7.                 To surrender, or concur in surrendering any lease, accept any lease, accept the surrender of any lease or renew any lease.

8.                 To execute any power of leasing vested in the represented person where he has a limited estate only in the property over which the power extends.

9.                 To repair, and effect any insurance necessary for the protection of, any of the property of the represented person.

10.                 To expend money in the improvement of any property of the represented person by way of building or otherwise.

11.                 To make exchange or partition of any property of the represented person, or in which he is interested, and give or receive money for equality of exchange or partition.

12.                 To carry on, or join in carrying on, any trade or business of the represented person or in which he is interested and raise and employ in the trade or business any additional capital.

13.                 To agree to the alteration of the conditions of, or to a dissolution of and the distribution of the assets of, any partnership that the represented person has entered into or sell any partnership interest of that person.

14.                 To complete any contract for the performance of which the represented person is liable or enter into any agreement terminating his liability thereunder.

15.                 To bring, and defend, actions, suits and other legal proceedings in the name of the represented person.

16.                 To exercise any power, or give any consent required for the exercise of any power where the power is vested in the represented person for his own benefit or the power of consent is in the nature of a beneficial interest in him.

17.                 To surrender, assign, or otherwise dispose of, with or without consideration, any onerous property of the represented person.

18.                 To sequestrate the estate of the represented person, under the provisions of the bankruptcy laws.

19.                 To bring lands of the represented person under the operation of the Transfer of Land Act 1893 .

20.                 To surrender any policy of life assurance of the represented person.

21.                 To apply or expend moneys of the represented person, whether arising from real or personal property and whether income or capital, for the maintenance of that person, or the husband or wife or de facto partner of that person or of any person wholly or partially dependent on that person, or for the maintenance, education and advancement of the children, grandchildren or any infant relative of that person, in such manner and to such extent as the State Administrative Tribunal, having regard to the circumstances and the value of the estate of that person, considers proper and reasonable.

22.                 To expend moneys of the represented person in the purchase of a home for that person, or for the wife, husband, de facto partner or children of that person.

23.                 To mortgage, charge (with or without power of sale and on such terms as the State Administrative Tribunal thinks fit), deal with or dispose of, as the Tribunal thinks most expedient, any property of the represented person, for the purpose of raising, securing or repaying, with or without interest, money that is to be, or that has been, applied to or for the carrying into effect of all or any of the things authorised by the Tribunal.

        [Part A amended: No. 3 of 2002 s. 70; No. 55 of 2004 s. 466.]

Part B — State Administrative Tribunal

        [Heading inserted: No. 19 of 2010 s. 18(5).]

                The State Administrative Tribunal may —

            (a)         direct that any property taken in exchange, and any renewed lease accepted, on behalf of the represented person shall be subject to the same trusts, charges, encumbrances, dispositions, devises and conditions as the property given in exchange or the surrendered lease was, or would, but for the exchange or surrender, have been subject;

            (b)         direct that any fine, premium or other payment made on the renewal of a lease be paid out of the estate or be charged with interest on the leasehold property;

            (c)         where capital moneys are to be raised for the purposes of the administration of the estate, direct the manner in which those moneys are to be raised and how the incidence of those moneys shall be borne;

            (d)         direct the manner in which any surplus out of capital moneys raised for the purposes of the administration of the estate is to be held or applied;

            (e)         make such orders as it thinks fit for the purpose of preserving the nature, quality, tenure or devolution of any property forming part of the estate and direct that any money be carried to a separate account and declare the notional character which the money in that account bears;

            (f)         for the purpose of making an order referred to in paragraph (e) of this Part or informing itself for the purposes of section 68(2)(b), exercise its powers to require the production of documents by calling for, and inspecting, any testamentary instrument of the represented person;

            (g)         where, in its opinion, any disposition or transaction is expedient in the administration of the estate of the represented person, or would be in that person’s best interest, confer upon the administrator the necessary power for the purpose on such terms and subject to such conditions (if any) as the State Administrative Tribunal thinks fit;

            (h)         where 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 a similar character or as a check upon the undue exercise of the power, the State Administrative Tribunal may, upon the application of the administrator or any person interested in the exercise of the power or the giving of the consent, authorise the administrator to exercise the power or give the consent in such manner as the Tribunal may direct.

        [Part B amended: No. 55 of 2004 s. 466.]