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GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 9

Insertion of new ss 12A and 12B

9 Insertion of new ss 12A and 12B

After section 12
insert —

12A Appointment—missing person
(1) The tribunal may, by order, appoint an administrator for a financial matter for an adult if the tribunal is satisfied—
(a) the adult is a missing person; and
(b) the adult usually resides in the State; and
(c) there is, or is likely to be, a need for a decision in relation to the matter; and
(d) without an appointment the adult’s interests in the matter would be adversely affected.
(2) The tribunal may be satisfied an adult is a missing person only if the tribunal is satisfied that—
(a) it is not known if the adult is alive; and
(b) reasonable efforts have been made to locate the adult; and
(c) for at least 90 days the adult has not contacted—
(i) anyone who lives at the adult’s last-known home address; or
(ii) any relative or friend of the adult with whom the adult is likely to communicate.
(3) This Act applies, with necessary changes, to an appointment under this section.
(4) The appointment may be on terms considered appropriate by the tribunal.
(5) An application for the appointment of an administrator under subsection (1) may be made by—
(a) the adult’s spouse; or
(b) a relative of the adult; or
(c) the public trustee; or
(d) an interested person for the adult.
12B Relationship with Public Trustee Act 1978
(1) The tribunal may not appoint an administrator under section 12A for a financial matter for an adult if the public trustee is the administrator under the Public Trustee Act 1978 , section 104(1) of the property to which the financial matter relates.
(2) The tribunal may appoint an administrator under section 12A for a financial matter for an adult relating to property of which the public trustee is the administrator under the Public Trustee Act 1978 , section 104(2).
(3) On the making of an appointment of an administrator as mentioned in subsection (2), the public trustee ceases to be the administrator of the property under the Public Trustee Act 1978 , section 104(2).



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