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PUBLIC TRUSTEE ACT 1941 - SECT 31

PUBLIC TRUSTEE ACT 1941 - SECT 31

31 .         Power of Public Trustee to act on certificates issued by proper officers in other jurisdictions

        (1)         Where the officer charged by or under the laws of any State (other than this State), or a territory of the Commonwealth or the laws of New Zealand with the management of the affairs, property or estate of a person in that State or territory or that country who is, however described under the laws of that State or territory or that country, incapable of managing his property, estate or affairs by reason of senility, disease, illness or physical or mental infirmity, by instrument in writing under his hand and seal —

            (a)         certifies to the Public Trustee that he has the care and management of the property, estate and affairs of that person; and

            (b)         authorises the Public Trustee to collect, manage, sell or otherwise dispose of or administer any property in this State which the person named in the instrument is possessed of or is entitled to or which he appears to be entitled to or in which he has or appears to have an interest,

                the Public Trustee shall have with respect to that property plenary functions within the meaning in section 71 of the Guardianship and Administration Act 1990 as though such functions had been vested in him under section 69 of that Act.

        (2)         The Public Trustee may, without seeing to the application thereof and without liability therefor, pay over, or deliver, to the officer mentioned in subsection (1) the balance of any moneys or property received by him pursuant to that subsection after the payment of all costs, charges and expenses incurred in or about the exercise of his powers and after satisfying, or providing for, the debts of the person named in the instrument referred to in subsection (1) and claims against him of any person residing in this State of which he has had notice.

        [Section 31 inserted: No. 25 of 1978 s. 5; amended: No. 24 of 1990 s. 123.]