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.]