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PUBLIC TRUSTEE ACT 1978 - SECT 80
Management by public trustee of property of incapacitated person
80 Management by public trustee of property of incapacitated person
(1) When the public trustee becomes manager of the estate or part of the
estate of an incapacitated person— (a) the estate under management shall not
thereby become vested in the public trustee; and
(b) the public trustee shall
be entitled to the possession and management of the same in accordance with
the provisions of this division; and
(c) the public trustee shall be deemed
to be a trustee; and
(d) the public trustee shall have in respect of matters
of a property, monetary, business or like nature or any rights of a property
nature (including proceedings or other action to protect property or enforce
rights of a property nature, or rights in aid thereof or ancillary thereto)
full power and authority, subject to any order of the court to the contrary,
to do, in the public trustee’s corporate name or in the name of the
incapacitated person, anything which the incapacitated person could do if the
incapacitated person were not under a legal disability; and
(e) without
limiting the generality of the foregoing, but subject to the other provisions
of this part, the public trustee may apply any property of the incapacitated
person or otherwise exercise any of the public trustee’s powers under this
division for any of the following purposes— (i) the maintenance or benefit
of the incapacitated person;
(ii) the maintenance or benefit of other persons
(whether relatives of the incapacitated person or not) for whom a reasonable
person, not under a legal disability but otherwise in the position of the
incapacitated person, might be expected to provide;
(iii) any purpose which a
reasonable person, not under a legal disability but otherwise in the position
of the incapacitated person, might be expected to seek to achieve;
and for the
reimbursement, with or without interest, of any person for any expenditure
incurred for any of such purposes.
(2) Without limiting the generality of
subsection (1) the powers of the public trustee shall extend to the
following— (a) taking proceedings to recover any legacy or distributive
balance in the estate of a deceased person to which the incapacitated person
is entitled;
(b) requiring any person holding or controlling property in
respect of which the incapacitated person is beneficially interested as cestui
que trust, beneficiary or next of kin to render to the public trustee all such
information as the incapacitated person could have required if the
incapacitated person were not under a legal disability, and taking all such
proceedings to enforce such rights as the incapacitated person could have
taken;
(c) demanding, receiving and recovering property held on trust for the
incapacitated person and requiring any person holding or entitled to deal with
property, in respect of which the incapacitated person is beneficially
interested, to deal with such property, to the same extent as the
incapacitated person could have required if the incapacitated person were not
under a legal disability;
(d) demanding, receiving and recovering all
documents, including wills and other testamentary instruments, belonging to
the incapacitated person or of which the incapacitated person is, or if not
under a disability would be, entitled to possession or custody;
(e)
exercising any options or other powers or rights of the incapacitated person
arising under any policy of insurance, scheme of superannuation or other
arrangement or in respect of any benefit;
(f) making any application under
the Succession Act 1981 , part 4 or any other Act, which the incapacitated
person would be entitled to make if the incapacitated person were not under a
legal disability, or instituting any proceedings under the
Maintenance Act 1965 or any other Act or law;
(g) borrowing a sum of money or
increasing the amount of any overdraft, loan or advance or securing the
payment of an amount by mortgage or charge and entering into such covenants,
provisions and agreements relating thereto as the public trustee considers
reasonable.
(4) The court may authorise or require the public trustee to
perform, carry out or do any duty, act or thing which the court considers
desirable in relation to the estate, rights or powers of the incapacitated
person.
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