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Types of decisions

Once appointed by the State Administrative Tribunal, an administrator has the authority to make legal and financial decisions on behalf of the represented person. An administrator can be given the authority to make decisions regarding the management of the estate of the represented person, including receipts of income, all expenditure, asset management (including sales and purchases) and debt servicing and repayment.

The Tribunal can limit an administrator's decision-making authority to specific areas such as legal decisions (limited order) or give the administrator the authority to make all legal and financial decisions on behalf of the person (plenary order).

Regardless of the terms of the order, an administrator cannot:

  • make, amend or revoke a Will for the represented person without an order from the Supreme Court
  • act as an Executor of a Will in place of the represented person, unless approved by the Supreme Court
  • delegate his or her authority to another person.

Regardless of the terms of the order, without the written authority of the Tribunal, an administrator cannot:

  • make gifts from the estate of the represented person - including money, property or possessions
  • pay the travel expenses of family or friends who visit the represented person
  • repay any 'informal' loans to family and/or friends
  • make 'testamentary advances' to the beneficiaries of the represented person's Will
  • claim the cost of time, labour or expertise ('remuneration') for the administration of the represented person's estate.

Last updated: 25-Aug-2015

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