{"id":"aged-and-infirm-persons-property-act-1940","name":"Aged and Infirm Persons' Property Act 1940","slug":"aged-and-infirm-persons-property-act-1940","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31476,"registerId":"sa-aged-and-infirm-persons-property-act-1940-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged and Infirm Persons' Property Act 1940","content":"South Australia\nAged and Infirm Persons' Property Act 1940\nAn Act to make provision for the protection of the property of aged and infirm persons, to make provision for the perpetuation of testimony relating to testamentary documents, and for other purposes.\n\nContents\nPart 1—Preliminary and general\n1\tShort title\n3\tInterpretation\n4\tExercise of jurisdiction by court\n6\tProcedure where case not provided for\nPart 2—Aged and infirm persons' property\n7\tCircumstances under which protection order may be made\n8\tApplication for protection order\n8A\tProtection order on court's own initiative\n9\tExamination of protected person\n9A\tReport on person's affairs\n10\tAppointment of manager\n11\tVariation or rescission of protection order\n12\tExemption of part of estate\n13\tPowers of manager\n14\tContinuance of provision for dependent persons\n15\tApplication of unapplied portion of estate\n16\tPower to order sale etc\n16A\tWhere administration has disturbed entitlements of beneficiaries, the Court has power to intervene\n17\tProvision where two or more managers\n18\tManager to be deemed trustee\n19\tFiling of statement\n20\tPercentage of moneys collected payable to Public Trustee\n21\tExemption of manager from personal liability\n22\tProceedings\n23\tInquiry by special magistrate\n24\tApplication to court by Public Trustee\n25\tExercise by manager of powers of protected person\n26\tExecution of assurances etc by manager\n27\tPower of manager to avoid dispositions and contracts of protected persons\n28\tRegistration of protection order\n29\tRestriction of testamentary capacity of protected person\n30\tRelationship between this Act and Guardianship and Administration Act 1993\n31\tExpenses and remuneration of manager\n32\tChange of managers\n32A\tProvision for Public Trustee to manage estates of persons in other parts of the world\n32B\tProvision for Public Trustee to request authority in other parts of the world to administer estate of protected persons\nPart 3—Perpetuation of testimony relating to testamentary documents\n33\tApplication for order to perpetuate testimony\n34\tAttendance at examination\n35\tConduct of examination\n36\tDiscontinuance of proceedings\n37\tReport\n38\tPower of examiner to conduct examination\n39\tDeposit of depositions and will or codicil\n40\tUse of depositions as testimony\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary and general\n1—Short title\nThis Act may be cited as the Aged and Infirm Persons' Property Act 1940.\n3—Interpretation\n\t(1)\tIn this Act, unless the context or subject matter otherwise requires—\ncourt means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tin relation to a matter in which the District Court has jurisdiction—the Supreme Court or the District Court; or\n\t(c)\tin relation to a matter in which an employment court has jurisdiction—the Supreme Court, the District Court or the employment court;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nemployment court means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014—\n\t(a)\tin Court session as the South Australian Employment Court; or\n\t(b)\tconstituted of a member of the Tribunal who is, or at least 1 of whom is, a President or a Deputy President of the Tribunal;\nmanager means a person appointed to be manager of a protected estate under this Act; and where more than one person is so appointed, means either all the persons so appointed or each of those persons, as the context requires;\nproclaimed state means a country, state or territory declared by proclamation to be a proclaimed state for the purposes of this Act;\nprotected estate means the real and personal estate of a protected person, or such part thereof as is the subject matter of a protection order;\nprotected person means a person who or whose estate or part thereof becomes the subject of a protection order;\nspouse—a person is the spouse of another if they are legally married.\n\t(2)\tThe Governor may, by proclamation, declare any country, state or territory to be a proclaimed state and may, by subsequent proclamation vary or revoke any such declaration.\n4—Exercise of jurisdiction by court\n\t(1)\tThe Supreme Court has jurisdiction to hear and determine any application or other proceeding under this Act.\n\t(1a)\tWhere an action for damages for personal injury is brought in the District Court, the Court has jurisdiction in that action to make a protection order under section 8A and, if the Court makes such an order, the Court has jurisdiction to hear and determine any consequential or related proceeding under this Act.\n\t(1b)\tIf an action for damages for personal injury is brought in the employment court, the court has jurisdiction in that action to make a protection order under section 8A and, if the court makes such an order, the court has jurisdiction to hear and determine any consequential or related proceedings under this Act.\n\t(2)\tAny proceedings under Part 2 may be heard in chambers, and any proceedings under Part 3 shall be heard in chambers.\n\t(3)\tThe court shall have, and may exercise jurisdiction under Part 2 of this Act—\n\t(a)\tif the person in respect of whom the protection order is sought, or has been made, is, or was at the time of the commencement of proceedings under that Part, domiciled or resident within the State; or\n\t(b)\tif the property in respect of which the protection order is sought, or has been made, is situate within the State.\n\t(4)\tSubsection (3) of this section shall be construed as being in addition to, and not in derogation of, any principle of law upon which the jurisdiction of the court under Part 2 of this Act might otherwise be founded.\n6—Procedure where case not provided for\n\t(1)\tIf any circumstances arise for which no procedure is provided by this Act, or if there is any doubt as to what is the correct procedure, the court may direct what shall be done in any particular case, or that the procedure which has been adopted shall be deemed proper, or may make such order to meet the circumstances of the case as the court thinks fit: Provided that no such direction or order (even though not appealed against) shall operate so as to bar or prejudice the court from giving further or other directions at the hearing of any proceedings under this Act if, in the interest of justice, the court thinks fit so to do.\n\t(2)\tSubject to any direction by the court to the contrary, an application for a direction under subsection (1) may be made without notice to any other party.\nPart 2—Aged and infirm persons' property\n7—Circumstances under which protection order may be made\n\t(1)\tWhere it is made to appear to the satisfaction of the court that any person is, by reason of age, disease, illness, or physical or mental infirmity—\n\t(a)\tunable, wholly or partially, to manage his affairs; or\n\t(b)\tsubject to, or liable to be subjected to, undue influence in respect of his estate, or the disposition thereof, or of any part thereof; or\n\t(c)\totherwise in a position which in the opinion of the court renders it necessary in the interest of that person or of those dependent upon him that his property should be protected as provided by this Act,\nthe court may make a protection order in respect of the estate or part of the estate of that person.\n\t(2)\tWhere it is made to appear to the satisfaction of the court that any person is, by reason of his taking or using in excess alcoholic liquors, or any intoxicating, stimulating, narcotic, or sedative drug, unable, wholly or partially, to manage his affairs, whether such inability is continuous or occasional, the court may make a protection order in respect of the estate or part of the estate of that person, anything in any other Act to the contrary notwithstanding.\n8—Application for protection order\n\t(1)\tExcept in the case of an application made under subsection (1) of section 8A of this Act, every application for a protection order shall be made by originating summons, and may be made—\n\t(a)\tby the person whose property is sought to be protected; or\n\t(b)\tby the spouse or domestic partner of such person; or\n\t(c)\tby any near relation by blood or marriage of such person; or\n\t(d)\tby the Public Trustee; or\n\t(e)\tby any other person who adduces proof of circumstances which in the opinion of the court make it proper that such other person should make the application.\n\t(2)\tWhere the application is made by any person other than the person whose property is sought to be protected, the originating summons shall be served upon such last-mentioned person, unless the court in any special case otherwise directs.\n8A—Protection order on court's own initiative\n\t(1)\tWhere, in any action by a person for damages for personal injury sustained by him, it appears to the court that that person suffers or is likely to suffer from some physical or mental infirmity by reason of which he is—\n\t(a)\tunable, wholly or partially, to manage his affairs; or\n\t(b)\tsubject to, or liable to be subjected to, undue influence in respect of his estate, or the disposition thereof, or of any part thereof; or\n\t(c)\totherwise in a position which in the opinion of the court renders it necessary in the interests of that person or of those dependent on him that his property should be protected as provided by this Act,\nsubject to subsection (2) of this section the court may, on its own initiative or on the application of a prescribed person and before assessing the amount of the damages, make a protection order in respect of the estate or part of the estate of the person in respect of whom the damages are to be awarded.\n\t(2)\tThe court shall, before making a protection order under this section—\n\t(a)\twhere the application is made by a prescribed person, other than the person in respect of whom the damages are to be awarded, cause notice of its intention to consider the making of the order to be given personally to that person, unless the court in any special case otherwise directs; and\n\t(b)\treceive such evidence and hear such argument relevant to the matter as to the court seems desirable or expedient.\n\t(3)\tA reference in subsection (1) of this section to an action includes a reference to an action which had been commenced before, and which had not been completed by, the day on which the Aged and Infirm Persons' Property Act Amendment Act 1973 came into operation.\n\t(4)\tIn this section a prescribed person means—\n\t(a)\tthe person in respect of whom the damages are to be awarded; or\n\t(b)\tthe spouse or domestic partner of that person; or\n\t(c)\tany near relation by blood or marriage of that person; or\n\t(d)\tthe Public Trustee; or\n\t(e)\tany other person who adduces proof of circumstances which in the opinion of the court make it proper that that person should make an application or be otherwise heard in the proceedings.\n9—Examination of protected person\nBefore making any protection order in respect of any person, the court may in any manner which it thinks fit examine personally such person with or without the attendance of any other persons interested.\n9A—Report on person's affairs\n\t(1)\tBefore making a protection order in respect of any person, the court may order that an investigation into the affairs of such person shall be made by a prescribed officer and may adjourn the proceedings until a copy of the report of the officer is received by the court.\n\t(2)\tThe officer shall, as soon as practicable, conduct the investigation and send a written report thereon to the Minister and a copy thereof to the court.\n\t(3)\tBefore making a protection order in respect of such person, the court may receive the copy of the report in evidence and may have regard to the matters contained in the report.\n\t(4)\tFor the purposes of any investigation under this section, the officer or a Public Service employee assisting the officer may enter any building or premises where any person whose affairs are being investigated is present.\n\t(5)\tThe owner and person in charge of the building or premises and every person having the care or control of the person whose affairs are being investigated shall, if so required by the officer or a Public Service employee assisting the officer, give the officer or employee all assistance in connection with the investigation which he is reasonably able to give or any papers, books or other documents relating to such person which he may have in his possession or under his control.\nMaximum penalty: $100.\n\t(6)\tProceedings for a contravention of subsection (5) of this section shall be disposed of summarily.\n\t(7)\tIn this section—\nMinister means the Minister responsible for the administration of the Family and Community Services Act 1972;\nprescribed officer means the chief executive, or the nominee of the chief executive, of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Family and Community Services Act 1972.\n10—Appointment of manager\n\t(1)\tIf the court thinks fit to make a protection order, the court shall, in and by the protection order, appoint the spouse, domestic partner or near relation by blood or marriage of the protected person, or some other person, or any body corporate incorporated in this State by or pursuant to any law of this State, either alone or with any other person or persons, or the Public Trustee alone, to be the manager to take possession of and to control and manage all or such part or parts of the estate of the protected person as the court may direct.\n\t(2)\tThe court may in any case appoint the Public Trustee alone to be manager, but shall not appoint any person to be manager together with the Public Trustee.\n\t(3)\tThe court may, if it thinks fit, require any manager other than the Public Trustee to give such security to the Public Trustee as to the court seems fit for the due performance of the duties of manager.\n\t(4)\tIf by the protection order any person other than the Public Trustee is appointed to be manager, the court shall cause a copy of the protection order to be supplied to the Public Trustee.\n11—Variation or rescission of protection order\n\t(1)\tThe court may rescind any protection order.\n\t(2)\tThe court may from time to time vary any protection order so as to provide that the protection order shall apply to any part of the estate of the protected person to which, at the time of the variation, the protection order does not apply or so as to provide that the protection order shall cease to apply to any part of the said estate.\n\t(3)\tSubject as hereinafter provided in this subsection, a protection order shall be determined by the death of the protected person. If for any special reason the court thinks it desirable so to do, the court may direct that the protection order shall remain in force for any period not exceeding two months after the death of the protected person but in any such case and notwithstanding the direction of the court, the protection order shall be determined if grant of probate of the will or administration of the estate of the protected person is granted by the court under the Succession Act 2023.\n12—Exemption of part of estate\n\t(1)\tThe court may by the protection order or from time to time, except from the estate of the protected person to be taken possession of and controlled by the manager any part of the said estate.\n\t(2)\tThe court may permit any such part to remain in the possession of the protected person, or of the spouse, domestic partner or child of the protected person. The court may from time to time direct that such possession shall be uncontrolled or that it be subject to such terms and conditions as are, from time to time, imposed by the court.\n13—Powers of manager\n\t(1)\tThe manager shall have the following powers, unless the court in any particular case otherwise orders:\n\t1.\tTo take possession of the protected estate, and to recover possession thereof from any person holding the same:\n\t2.\tTo repair and insure against any contingency any part of the estate:\n\t3.\tTo demand, recover, and receive moneys and personal effects payable to or belonging to the protected person:\n\t4.\tTo apply any moneys (whether arising from real or personal property, and whether income or capital) for the maintenance of the protected person, and the spouse or domestic partner and children of the protected person, and for the education of the children of the protected person, and in payment of the debts and liabilities of the protected person:\n\t5.\tTo carry on any trade or business theretofore carried on by the protected person, and to carry on the business of any partnership in which the protected person may be a partner:\n\t6.\tTo apply for and, if granted, to undertake administration for the use and benefit of the protected person during his incapacity where he would, but for his incapacity, be entitled to a grant of probate or administration.\n\t(2)\tThe manager shall have such other powers and duties in respect of the protected estate as the court in and by the protection order, or from time to time, defines or directs, and the court shall have jurisdiction to confer any such powers upon the manager to be exercised generally in respect of the estate or any part thereof, or upon any special occasion, or in respect of any particular subject matter.\n14—Continuance of provision for dependent persons\nWhere the protected person has, before the making of the protection order, made provision of any nature, whether regular or casual, for any person wholly or partially dependent on him, whether a relation or not, the court may in its discretion authorise the manager to continue the same or any less provision out of the protected estate.\n15—Application of unapplied portion of estate\n\t(1)\tThe manager shall apply such part of the corpus and income of the protected estate as is not required for the purposes specifically defined in this Act in such manner as is authorised by subsection (2) or as the court from time to time directs.\n\t(2)\tThe manager may invest the unapplied corpus or income of the protected estate in such securities, other than the mortgage of land, as are authorised by law for investment of trust moneys.\n\t(3)\tThe court may direct the investment of the unapplied corpus or income of the protected estate in such investments as the court from time to time deems proper in the interest of the protected person or of those dependent upon him, and the court shall not be limited in respect of any such direction to such securities as are authorised by law for investment of trust moneys or by any provision of subsection (2).\n16—Power to order sale etc\nThe court may direct the sale, mortgage, lease, or other disposition of the whole or any part of the protected estate by the manager; and may confer upon the manager any powers in respect of or in relation to the protected estate which it may deem necessary or expedient for the realisation, investment, or better management thereof, or for the benefit or advancement in life of the children of the protected person; and, in particular, may confer any powers which the court may under any law or practice relating to trustees or to wards of court confer upon trustees or itself exercise.\n16A—Where administration has disturbed entitlements of beneficiaries, the Court has power to intervene\n\t(1)\tWhere at the death of a protected person or former protected person who died leaving a will it appears that, in consequence of any dealing with the estate by an administrator, the share of any beneficiary in that estate under the will has been affected, the Court may, on application by an interested person, make such orders as it thinks just to ensure that no beneficiary gains a disproportionate advantage, or suffers a disproportionate disadvantage, of a kind not contemplated by the will, in consequence of the estate having been managed under this Act.\n\t(2)\tAn order made by the Court under subsection (1) shall operate and take effect as if it had been made by a codicil to the will of the protected person or former protected person executed immediately before his death.\n\t(3)\tThe Court shall, on making an order under subsection (1), direct that a certified copy of the order be made on the probate of the will and may, for that purpose, require the production of the probate.\n\t(4)\tAn application under this section must be made within six months from the date of the grant in this State of probate of the will unless the Court, after hearing such of the persons affected as the Court thinks necessary, extends the time for making the application.\n\t(5)\tAn extension of time granted under subsection (4) may be granted—\n\t(a)\ton such conditions as the Court thinks fit; and\n\t(b)\twhether or not the time for making an application under this section has expired.\n\t(6)\tAn application for extension of time must be made before the final distribution of the estate.\n\t(7)\tA distribution of any part of the estate made before an application for extension of time shall not be disturbed by reason of the application or any order made upon the application.\n\t(8)\tThis section does not apply in respect of the will of a deceased person who died before the commencement of this section.\n17—Provision where two or more managers\nWhere more than one manager is appointed all the managers must concur in every act, matter, and thing done in relation to the protected estate.\n18—Manager to be deemed trustee\nA manager shall be deemed to be a trustee for all the purposes of the Trustee Act 1936.\n19—Filing of statement\n\t(1)\tThe manager of every protected estate shall, at such times and in such manner as is directed by order of the court or prescribed by rule of court, prepare and file in the court a statement, verified by the affidavit of the manager, showing the property comprised in the protected estate, and the condition thereof, and the manner in which the property has been dealt with, administered, or applied, and such other particulars as may be prescribed, or as may be in any special case directed by the court to be included in the statement.\n\t(2)\tIn any case in which the manager is not the Public Trustee the manager shall forthwith after filing every such statement deliver to the Public Trustee a duplicate thereof, and shall thereafter exhibit to the Public Trustee such accounts and vouchers in relation thereto as the Public Trustee may require.\n\t(3)\tIf any manager fails or refuses to file any such statement as provided aforesaid, or to deliver to the Public Trustee a duplicate thereof as aforesaid, or to exhibit to the Public Trustee any such accounts or vouchers as aforesaid, he shall be guilty of an offence punishable summarily and liable to a penalty not exceeding one hundred dollars.\n\t(4)\tThe Public Trustee shall cause every such statement delivered to him to be examined and reported upon either by himself or by any person he may appoint in that behalf, and shall cause the report to be filed in the court and a copy thereof to be transmitted to the manager by whom the statement has been delivered. No fee shall be payable on the filing of the report in the court.\n\t(5)\tFor the purpose of examining any such statement, the Public Trustee may require the accounts of the manager to be audited by an auditor appointed by the Public Trustee.\n20—Percentage of moneys collected payable to Public Trustee\n\t(1)\tWhere any person other than the Public Trustee is appointed manager in pursuance of this Act there shall be payable out of the protected estate by the manager to the Public Trustee, for the services rendered by the Public Trustee in respect of the estate, such remuneration as the court may from time to time direct or such commission or fees at rates or in amounts prescribed by the Minister for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(2)\tIf pursuant to subsection (5) of section 19, an auditor is appointed by the Public Trustee to audit the accounts of the manager, the manager shall pay to the Public Trustee out of the estate of the protected person the fees payable by the Public Trustee to the auditor appointed as aforesaid.\n21—Exemption of manager from personal liability\nA manager acting in pursuance and exercise of any powers or duties conferred or imposed upon him by this Part or by the court shall not be personally liable in respect of any contract or engagement entered into with or any liability incurred to any person unless the manager has concealed from that person the fact that he was acting therein on behalf of the protected estate, but the protected estate shall be liable in respect of all such contracts, engagements, or liabilities, and the same may be enforced by proceedings against the manager in his representative capacity.\n22—Proceedings\n\t(1)\tProceedings under this Part, whether commenced by originating summons, application under section 8A of this Act or on the court's own initiative under that section shall remain open for application to be made therein from time to time to the court by the manager, or the protected person, or the Public Trustee, or by any relation of the protected person or by any person interested in the protected estate. After such notice or service as the court thinks fit to direct, any person may be made party to the proceedings generally or in any particular matter, and the court may grant and enforce against such party in matters relating to the protected person or the protected estate all judgments, orders, costs, and remedies, including injunction and mandamus, as the court might grant and enforce in any action against such party on the application of the protected person or of the manager: Provided that if such party requires that an issue or issues of fact be stated and tried by the court, the court may direct that an issue or issues of fact be stated and tried, as between the manager in the names of the protected person and such party, by the court as upon the trial of an ordinary action or that the issue or issues of fact be stated and tried, as between the manager in the names of the protected person and such party, by the court in such other manner in accordance with the general practice of the court as is deemed appropriate by the court.\n\t(2)\tUpon any application to the court by the manager or the Public Trustee after the making of the protection order, it shall be necessary to serve with notice of the application only such persons or parties (if any) as the court on the application requires to have notice thereof.\n\t(3)\tThe court may at any time discharge any party made party to the proceedings.\n23—Inquiry by special magistrate\n\t(1)\tThe court may at any stage in any proceedings under this Part refer any matter arising out of those proceedings for inquiry by a special magistrate.\n\t(2)\tThe special magistrate shall, for the purposes of the inquiry, have power to administer oaths, to take affirmations, and to examine parties and witnesses. Any person who by subpoena issued out of the court is summoned to attend before the special magistrate shall be bound to attend in pursuance of the subpoena and shall be liable to process of contempt in case of default in attendance, and all persons swearing or affirming before the special magistrate shall be liable to such penalties for any wilful and corrupt false swearing or affirming as if the matters sworn or affirmed had been sworn or affirmed before the court.\n\t(3)\tThe special magistrate shall report the result of his inquiry to the court and the court may, upon the report, make such order is it deems fit.\n24—Application to court by Public Trustee\n\t(1)\tIn any case in which the Public Trustee is the manager, the Public Trustee may, in respect of the exercise of any power of the manager, apply to the court for approval, advice, or direction upon a written statement setting out the facts.\n\t(2)\tUpon any such application, it shall not be necessary to serve notice of the application on any person or party, unless the court so directs.\n\t(3)\tIf the court sees fit to approve, advise, or direct on any such statement, the approval, advice, or direction shall be sufficiently evidenced by the fiat thereon, and it shall not be necessary to draw up any formal order. The statement together with the fiat shall be filed in the court.\n25—Exercise by manager of powers of protected person\nWhere any right or power is or would be exercisable by a protected person if that person were sui juris, whether for his own benefit or in the character of a trustee, guardian or in any other fiduciary character, and it appears to the Court to be expedient that that right or power should be exercised the manager may in the name or on behalf of the protected person and with the sanction of the order of the Court made on his own application or on the application of any person interested exercise that right or power in such manner as the order directs.\n26—Execution of assurances etc by manager\nThe manager may, in the name and on behalf of the protected person, execute and do all such conveyances, transfers, leases, deeds, assurances, and things as may be necessary for effectuating any of the powers conferred upon him by this Act or by any order of the court.\n27—Power of manager to avoid dispositions and contracts of protected persons\n\t(1)\tSubject to this section—\n\t(a)\ta disposition of property of a protected estate made by the protected person; or\n\t(b)\ta contract entered into by a protected person,\nis voidable at the option of the manager.\n\t(2)\tA transaction may not be avoided by a manager if the other party to the transaction did not know and could not reasonably be expected to have known that the person with whom he dealt was unable, wholly or partially, to manage his affairs.\n\t(3)\tThe Court may, by order, exempt a disposition of property or contract from the operation of this section if the Court is satisfied that to do so would be for the benefit of the protected person and that he has an adequate understanding of the nature of the transaction.\n\t(4)\tNothing in this section affects the law relating to testamentary dispositions.\n28—Registration of protection order\n\t(1)\tA protection order may be registered under the provisions of the Registration of Deeds Act 1935 as an instrument affecting the title to any land wherein the protected person has any estate or interest, legal or equitable.\n\t(2)\tA protection order shall be deemed to be an instrument purporting to affect land under the provisions of the Real Property Act 1886 and, upon application to the Registrar-General in a manner and form approved by him, a memorandum of the order may be entered upon the register book with respect to any land whereof the protected person is the registered proprietor of any estate or interest under the provisions of that Act.\n\t(3)\tThe manager, in the name and on behalf of the protected person, may lodge a caveat in respect of any land under the provisions of the Real Property Act 1886 to or in which the manager claims that the protected person is entitled or beneficially interested.\n\t(4)\tThe provisions of this section shall apply notwithstanding the provisions of the Real Property Act 1886.\n29—Restriction of testamentary capacity of protected person\n\t(1)\tThe court may direct in any case that any testamentary provision by a protected person after the making of a protection order shall be made only after such precautions as the court thinks fit to direct, and any testamentary provision made otherwise than as the court shall so direct shall be ineffectual for all purposes.\n\t(1a)\tThe court may make such a direction at any time or from time to time and it may be made on the application of the manager.\n\t(2)\tThe court may, by such means as it thinks fit, cause inquiries to be made as to the existence of any will or codicil made and executed by the protected person prior to the making of the protection order (whether the will or codicil was made before or after the passing of this Act), and may direct that any such will or codicil shall be deposited with the Registrar of Probates. If it appears to the court that the will or codicil was made when the person making the same was subject to any of the incapacities defined in section 7 of this Act, the court may inspect the will or codicil, and may cause inquiries to be made, in such manner as to the court seems fit, whether the will or codicil expresses the present desire and intention of the protected person, and, if satisfied to the contrary, may in any case where such course is possible, cause the present desire and intention of the protected person to be ascertained to its satisfaction, and may authorise the execution by the protected person of a new will disposing of his estate in accordance with such present desire and intention.\n\t(3)\tExcept as provided in this section, nothing in this Part shall affect the law relating to testamentary dispositions.\n30—Relationship between this Act and Guardianship and Administration Act 1993\n\t(1)\tThe court, on making or rescinding a protection order, must cause notice of the court's order to be forwarded to the South Australian Civil and Administrative Tribunal.\n\t(2)\tIf an administration order is in force in respect of the whole of a person's estate, a protection order cannot be made in respect of the estate while that other order remains in force.\n\t(3)\tIf an administration order is in force in respect of a part of a person's estate, a protection order can only be made in respect of the remainder of the estate while that other order remains in force.\n\t(4)\tIf an administration order is made in respect of the whole or a part of a protected person's estate—\n\t(a)\tthe South Australian Civil and Administrative Tribunal must, on all rights of appeal against the order being exhausted, cause a notice of the order and of the date on which it took effect to be filed in the court; and\n\t(b)\ton the notice being so filed, the protection order will be taken to have been wholly rescinded or, if the administration order relates only to a part of the person's estate, rescinded to that extent, as from the day on which the administration order took effect.\n\t(5)\tThe court must notify the former manager of the protected estate of a rescission of or affecting the protection order pursuant to subsection (3).\n\t(6)\tThe former manager of the protected estate has the same obligations in relation to the filing of accounts, statements and affidavits as if the protection order had been rescinded by the court.\n\t(7)\tIn this section—\nadministration order means an administration order under the Guardianship and Administration Act 1993.\n31—Expenses and remuneration of manager\n\t(1)\tAll expenses properly incurred by the manager in respect of the maintenance of the protected person, or the administration of the protected estate, shall be charged against and payable out of that estate; and in addition, there shall be payable in respect of all moneys forming part of the protected estate, and coming under the control of the manager, such remuneration by commission or otherwise to the manager, and such other charges, as are allowed by the court in any manner thought fit by the court.\n\t(2)\tIf the Public Trustee is the manager, there shall be payable in respect of all moneys forming part of the protected estate and coming under the control of the Public Trustee, such commission, fees and other charges as may be allowed by the court.\n32—Change of managers\n\t(1)\tThe court may at any time, on the application of the manager, or on the application of the protected person or of any other person, on proof that there is good cause for so doing, make an order appointing any other person or persons as the manager of the estate in addition to or in lieu of the manager or appointing the Public Trustee as the manager of the estate in lieu of the manager.\n\t(2)\tThe court may at any time, on the application of the protected person, or of the manager, or of any other person, rescind the order appointing the manager, on proof that the protected person is of sufficient ability to manage his own affairs.\n32A—Provision for Public Trustee to manage estates of persons in other parts of the world\nIf an authority invested by the laws of any proclaimed state with the custody or administration of the estate of a person who is incapable of managing his affairs by reason of age, disease, illness or physical or mental infirmity—\n\t(a)\tcertifies in writing under his hand to the Public Trustee that the person has property in this State; and\n\t(b)\tby instrument in writing under his hand authorises the Public Trustee to manage the property of that person within this State,\nthe Public Trustee shall have and may exercise in respect of that property all the powers that he could exercise if he were the manager of the estate of that person.\n32B—Provision for Public Trustee to request authority in other parts of the world to administer estate of protected persons\n\t(1)\tWhere it appears to a manager that the protected person has property in a proclaimed state he may, by instrument in writing directed to the authority of that proclaimed state who is or may be invested by its laws with the management of the estates of persons, however described under those laws, who are incapable of managing their affairs by reason of age, disease, illness or physical or mental infirmity—\n\t(a)\tcertify that he has the management of the estate of the protected person; and\n\t(b)\tauthorise the authority to manage the property of the protected person that is in the proclaimed state.\n\t(2)\tA manager may revoke or vary an authority given by him under subsection (1).\nPart 3—Perpetuation of testimony relating to testamentary documents\n33—Application for order to perpetuate testimony\n\t(1)\tUpon the application of any person (other than a protected person) who has made and executed any will or codicil, the court may order that any testimony which may be material in relation thereto be perpetuated and for that purpose may make any order requiring the applicant or any other person to attend for examination upon oath before the court at any time and place. The court may give any directions as to the manner in which the examination is to be conducted, the evidence to be adduced therein, the parties who may attend on the examination and as to any other matters thought fit by the court.\n\t(2)\tEvery such application shall be made by originating summons and may be made without notice to any other person.\n\t(3)\tThe court may direct that notice of the application or of any order made on such application be given to any person who may be interested in the disposition of the applicant's estate.\n\t(4)\tThe testimony to be taken upon any such examination shall, subject to the direction of the court, be relevant to the following matters, namely:\n\t1.\tThe due execution of any will or codicil made by the applicant:\n\t2.\tThe testamentary capacity of the applicant:\n\t3.\tWhether the applicant was subject to or liable to be subjected to undue influence in respect of his estate or the disposition thereof or any part thereof:\n\t4.\tAny other matter which would be relevant on any application or in any action relating to the grant or recall of probate or administration of the will or codicil:\n\t5.\tAny matter which would be relevant in an application under the Testator's Family Maintenance Act 1918.\n34—Attendance at examination\n\t(1)\tAny person claiming to be interested in the proceedings may with the permission of the court and upon such terms (if any) as the court may direct and at his own expense—\n\t(a)\tattend the whole or any part of the proceedings in person or by a solicitor:\n\t(b)\tupon paying the costs occasioned thereby give or call such evidence as the court thinks fit.\n\t(2)\tAny person claiming to be interested may with the permission of the court, be admitted to the place where the examination is being held during the examination, but shall not be entitled to take notes of the examination except with the permission of the court.\n35—Conduct of examination\n\t(1)\tThe court may put such questions to the applicant or any other person relating to any matters which the court considers relevant whether arising out of the cause of the examination or otherwise.\n\t(2)\tThe court shall have power to disallow such portions of the evidence tendered or any questions put in cross examination to any person during the examination which the court considers go beyond the legitimate requirements of the examination.\n\t(3)\tAny questions which may be objected to and the purport of any evidence and any questions which may be disallowed by the court shall be noted in the depositions together with a short statement of the reasons for disallowing any such evidence or questions.\n36—Discontinuance of proceedings\nThe applicant may discontinue the proceedings at any stage upon paying the court fees then due. Upon any such discontinuance the court may order the applicant to pay to any person attending the proceedings with permission such costs as it thinks just.\n37—Report\nAfter the termination of the examination, the court shall make a report touching the examination and the conduct and credibility of any witness or other person thereon.\n38—Power of examiner to conduct examination\n\t(1)\tThe court may order that the examination of persons ordered to attend for examination may be before an officer of the court or other person appointed by the court to conduct the examination (hereinafter referred to as the examiner) and may give any directions as to the manner in which the examination is to be conducted and as to the testimony to be taken upon the examination.\n\t(2)\tSubject to any directions of the court, the examiner—\n\t(a)\tshall have the powers and duties of the court under sections 34 and 35 of this Act:\n\t(b)\tshall have the powers of a judge and the court under sections 22, 23, and 24 of the Evidence Act 1929.\n\t(3)\tAfter the termination of the examination, the examiner shall make a report to the court touching the examination and the conduct and credibility of any witness or other person thereon.\n39—Deposit of depositions and will or codicil\n\t(1)\tThe depositions when taken upon any examination shall be authenticated by the court or examiner and forthwith after the termination of the examination transmitted together with the report of the court or examiner and the will or codicil or a copy thereof certified by the court or examiner to be a true copy to the Registrar of Probates and deposited in the Probate Registry.\n\t(2)\tAny person interested may with the permission of the court inspect or bespeak a copy or extract of the depositions (so taken) or report but no person other than the person who made the will or codicil shall be entitled to inspect the will or codicil or bespeak a copy or extract thereof except with the permission of the court.\n\t(3)\tNo original will or codicil so deposited shall be withdrawn except with the permission of the court.\n40—Use of depositions as testimony\nThe court may upon such terms (if any) as it thinks just order that the depositions and report be received in evidence in any proceedings or on any application relating to or concerning the will or codicil in respect of which the depositions and report were taken or made notwithstanding any objection to the depositions on the ground that a party interested in the proceedings or application was not present when the depositions were taken.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1940\n36\nAged and Infirm Persons' Property Act 1940\n28.11.1940\n28.11.1940\n1950\n22\nAged and Infirm Persons' Property Act Amendment Act 1950\n9.11.1950\n9.11.1950\n1965\n22\nAged and Infirm Persons' Property Act Amendment Act 1965\n25.11.1965\n27.1.1966 (Gazette 27.1.1966 p145)\n1968\n42\nAged and Infirm Persons' Property Act Amendment Act 1968\n19.12.1968\n19.12.1968\n1973\n16\nAged and Infirm Persons' Property Act Amendment Act 1973\n13.9.1973\n13.9.1973\n1975\n9\nAged and Infirm Persons' Property Act Amendment Act 1975\n20.3.1975\n20.3.1975\n1984\n41\nAged and Infirm Persons' Property Act Amendment Act 1984\n24.5.1984\n24.5.1984\n1984\n73\nAged and Infirm Persons' Property Act Amendment Act (No. 2) 1984\n15.11.1984\n1.1.1985 (Gazette 13.12.1984 p1811)\n1990\n15\nAged and Infirm Persons' Property Act Amendment Act 1990\n12.4.1990\n1.2.1992 (Gazette 16.1.1992 p126)\n1993\n59\nMental Health Act 1993\n27.5.1993\n6.3.1995 (Gazette 2.3.1995 p734)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 6 (ss 31—38)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 5 (ss 21—26)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 11 (s 22)—1.2.2010 (Gazette 28.1.2010 p320)\n2014\n26\nStatutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 3 (ss 21 & 22)—29.3.2015 (Gazette 5.3.2015 p883)\n2021\n5\nStatutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 2 (s 4)—25.2.2021: s 2(1)\n2023\n4\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 2 (ss 3 to 5)—22.6.2023 (Gazette 15.6.2023 p1774)\n2023\n30\nSuccession Act 2023\n25.10.2023\nSch 2 (cll 1 & 2)—1.1.2025 (Gazette 27.6.2024 p1894)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 1 of The General Public Acts of South Australia 1837-1975 at page 242.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 73/1984 s 3(b)\n1.1.1985\ncourt\nsubstituted by 15/1990 s 3(a)\n1.2.1992\n\namended by 4/2023 s 3(1)\n22.6.2023\ndomestic partner\ninserted by 43/2006 s 21(1)\n1.6.2007\nemployment court\ninserted by 4/2023 s 3(2)\n22.6.2023\nmaster\ndeleted by 15/1990 s 3(b)\n1.2.1992\nproclaimed state\ninserted by 73/1984 s 3(a)\n1.1.1985\nspouse\ninserted by 43/2006 s 21(2)\n1.6.2007\ns 3(2)\ninserted by 73/1984 s 3(b)\n1.1.1985\ns 4\n\n\ns 4(1)\nsubstituted by 15/1990 s 4\n1.2.1992\ns 4(1a)\ninserted by 15/1990 s 4\n1.2.1992\n\namended by 4/2023 s 4(1), (2)\n22.6.2023\ns 4(1b)\ninserted by 4/2023 s 4(3)\n22.6.2023\ns 5\ndeleted by 15/1990 s 5\n1.2.1992\ns 6\n\n\ns 6(1)\namended by 15/1990 s 6(a), (b)\n1.2.1992\ns 6(2)\nsubstituted by 15/1990 s 6(c)\n1.2.1992\n\namended by 17/2006 s 31\n4.9.2006\nPt 2\n\n\ns 8\n\n\ns 8(1)\namended by 43/2006 s 22\n1.6.2007\ns 8A\n\n\ns 8A(1)\namended by 17/2006 s 32\n4.9.2006\n\namended by 4/2023 s 5\n22.6.2023\ns 8A(4)\namended by 43/2006 s 23\n1.6.2007\ns 9A\n\n\ns 9A(1)\namended by 84/2009 s 22(1), (2)\n1.2.2010\ns 9A(2)\namended by 84/2009 s 22(3), (4)\n1.2.2010\ns 9A(4)\namended by 84/2009 s 22(5)\n1.2.2010\ns 9A(5)\namended by 84/2009 s 22(6)\n1.2.2010\ns 9A(7)\ninserted by 84/2009 s 22(7)\n1.2.2010\ns 10\n\n\ns 10(1)\namended by 43/2006 s 24\n1.6.2007\ns 10(4)\namended by 15/1990 s 7\n1.2.1992\ns 11\n\n\ns 11(3)\namended by 30/2023 Sch 2 cl 1\n1.1.2025\ns 12\n\n\ns 12(2)\namended by 43/2006 s 25\n1.6.2007\ns 13\n\n\ns 13(1)\namended by 41/1984 s 2\n24.5.1984\n\namended by 43/2006 s 26\n1.6.2007\ns 16A\nsubstituted by 73/1984 s 4\n1.1.1985\ns 16B\ndeleted by 73/1984 s 4\n1.1.1985\ns 20\n\n\ns 20(1)\namended by 5/2021 s 4\n25.2.2021\ns 22\n\n\ns 22(1)\namended by 17/2006 s 33(1), (2)\n4.9.2006\ns 24\n\n\ns 24(1)\namended by 17/2006 s 34(1)\n4.9.2006\ns 24(3)\namended by 15/1990 s 8\n1.2.1992\n\namended by 17/2006 s 34(2)\n4.9.2006\ns 27\nsubstituted by 73/1984 s 5\n1.1.1985\ns 28\n\n\ns 28(2)\namended by 73/1984 s 6\n1.1.1985\ns 29\n\n\ns 29(1)\namended by 73/1984 s 7\n1.1.1985\ns 30\nsubstituted by 15/1990 s 9\n1.2.1992\n\nsubstituted by 59/1993 Sch cl 3\n6.3.1995\ns 30(1) and (4)\namended by 26/2014 s 21\n29.3.2015\ns 31\n\n\ns 31(2)\namended by 73/1984 s 8\n1.1.1985\n\namended by 30/2023 Sch 2 cl 2\n1.1.2025\nss 32A and 32B\ninserted by 73/1984 s 9\n1.1.1985\nPt 3\n\n\ns 33\n\n\ns 33(2)\namended by 17/2006 s 35\n4.9.2006\ns 34\n\n\ns 34(1)\namended by 17/2006 s 36(1)\n4.9.2006\ns 34(2)\namended by 17/2006 s 36(2)\n4.9.2006\ns 36\namended by 17/2006 s 37\n4.9.2006\ns 38\n\n\ns 38(1)\namended by 15/1990 s 10\n1.2.1992\ns 39\n\n\ns 39(2)\namended by 17/2006 s 38(1), (2)\n4.9.2006\ns 39(3)\namended by 17/2006 s 38(3)\n4.9.2006\ns 40\namended by 15/1990 s 11\n1.2.1992\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT) Act 2014\n22—Transitional provision\n\t(1)\tIn this section—\nGuardianship Board means the Guardianship Board established under the Guardianship and Administration Act 1993;\nprincipal Act means the Aged and Infirm Persons' Property Act 1940;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tA notice with respect to a protection order made before the relevant day that has not been forwarded to the Guardianship Board under section 30(1) of the principal Act by the relevant day will instead be forwarded to the Tribunal.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.2.1992\n\nReprint No 3—6.3.1995\n\n4.9.2006\n\n1.6.2007\n\n1.2.2010\n\n29.3.2015\n\n25.2.2021\n\n22.6.2023\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not accessible. The page returned a website error, providing no content to evaluate against any original intent."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Cannot assess complexity of provisions, definitions, or regulatory frameworks without the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Aged and Infirm Persons' Property Act 1940* (SA) could not be retrieved. The link provided returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n**What is known about this Act generally:**\nHistorically, this South Australian Act provided a legal mechanism to protect the property and financial interests of elderly or infirm people (those with significant physical or mental health conditions) who may be vulnerable to exploitation or unable to manage their own affairs. It typically allowed courts to appoint a manager to oversee a person's property when they could no longer do so themselves.\n\n**What this means for you:**\n- If you were trying to access this legislation for legal, personal, or research purposes, you will need to find an alternative source.\n- Try searching directly at [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) or contacting OPCWeb@sa.gov.au as suggested on the error page.\n- Note that this Act may have been **repealed, renamed, or consolidated** into more modern South Australian guardianship or administration legislation.\n\n*No substantive legal analysis can be provided without the actual legislative text.*"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since the original 1940 enactment by multiple amendments reflected in the legislative history.  Notable scope changes in the source text include: insertion of \"domestic partner\" and \"spouse\" definitions and related applicant/notice provisions (s 3; amended by Statutes Amendment (Domestic Partners) Act 2006), expansion of courts that may exercise jurisdiction including the employment court (s 3, s 4; amended 2023), statutory interaction with the Guardianship and Administration Act 1993 (s 30), introduction of international/proclaimed state provisions allowing the Public Trustee to act on foreign authorities and to request foreign authority (ss 32A, 32B; inserted 1984), creation of post‑mortem remedial powers for redistribution where administration disturbed beneficiaries (s 16A; substituted 1984), and updated fee/commission mechanisms referring to prescribed fees and the Legislation (Fees) Act 2019 (s 20).  The Succession Act 2023 also affects how a protection order is determined on death (s 11(3), Sch 2 cll 1 & 2).  These changes expand, clarify and add cross‑jurisdictional and administrative features beyond the original text, altering who may be involved, how orders operate after death, how fees are set and the interaction with other tribunals and laws."},"complexity_factors":["Broad judicial discretion to make, vary or rescind protection orders and to define manager powers (ss 7, 10, 11, 13, 16)","Multiple jurisdictions and forum rules (Supreme Court primary; District Court and employment court have defined roles) (s 3, s 4)","Detailed managerial duties, reporting and audit regime with Public Trustee oversight (ss 19, 24)","Interplay with other statutes and external processes (Guardianship and Administration Act 1993, Succession Act 2023, Real Property and Registration Acts referenced) (s 30, s 11(3), s 28)","Procedural options including court‑initiated orders in personal injury actions and examinations/depositions for testamentary matters (s 8A; Part 3 ss 33–40)","Financial mechanics: estate-funded remuneration, prescribed fees and possible audit costs payable from estate (ss 20, 31)","Cross-border provisions for proclaimed states and reciprocal management authorisations (ss 32A, 32B)","Statutory powers to avoid prior dispositions and contracts with associated knowledge‑based exceptions (s 27)","Criminal or summary penalties and powers of entry for investigatory officers (s 9A(4)–(6), s 19(3))","Multiple amendment layers reflected in legislative history that affect interpretation and operation (Legislative history)"],"plain_english_summary":"What this law does (mechanically)\n\n- The Act gives courts the power to make a “protection order” over all or part of a person’s property if the person cannot manage their affairs because of age, illness, mental or physical infirmity, intoxication, or is subject to undue influence (s 7, s 8A).  The Supreme Court is the primary forum, but the District Court and the employment court can have jurisdiction in defined circumstances (s 3, s 4).\n- A protection order appoints a manager to take possession of, control and manage the protected estate.  The manager can be a family member, another person, a State-incorporated body corporate or the Public Trustee (s 10).  The court sets what parts of the estate are subject to management and what powers the manager has (s 11, s 12, s 13).\n- The Act lists specific powers for a manager: take possession, repair and insure property, recover money owing, apply income or capital for the protected person and dependants, continue or run businesses or partnerships, and apply for administration if needed (s 13(1)).  The court may also order sale, mortgage, lease or other disposition and can give further trustee-like powers (s 16).\n- Managers must file verified statements about the estate at times set by the court, deliver duplicates to the Public Trustee if they are not the Public Trustee, and may be audited; failure to comply can attract a penalty (s 19).  The Public Trustee examines statements and may require an audit (s 19(4)–(5)).\n- The manager is generally not personally liable on contracts entered in the manager’s representative capacity (the estate is liable), unless the manager concealed that they acted on behalf of the estate (s 21).\n- Managers may avoid (set aside) dispositions or contracts made by the protected person while they lacked capacity, unless the other party did not know and could not reasonably be expected to know of the incapacity (s 27).\n- The court can limit the testamentary actions of a protected person — for example by requiring precautions before new testamentary documents are effective, by investigating existing wills and by ordering deposit of wills with the probate registrar (s 29).  Part 3 provides a separate process for preserving testimony about wills (ss 33–40).\n\nWho decides and who pays (in practical terms)\n\n- Who decides: the court decides whether a protection order is necessary, who is appointed manager, what powers and limitations apply, and whether to vary or rescind an order (s 4, s 7, s 10, s 11).  The Public Trustee has supervisory and application rights (s 10(4), s 19, s 24).\n- Who pays: expenses properly incurred by a manager for maintenance or administration are charged to the protected estate, and the court may allow remuneration or commission to the manager (s 31(1)).  If the Public Trustee is manager or provides services, commissions, fees or amounts prescribed under fee notices are payable out of the estate (s 31(2), s 20(1)).  If an auditor is appointed by the Public Trustee, the manager must pay the auditor’s fees out of the estate (s 20(2)).\n\nHow the Act changes behaviour and what incentives it creates\n\n- It replaces private control of property with court-supervised management where incapacity or undue influence is found (s 7, s 10).  That changes who makes day-to-day decisions about property, businesses or partnerships (s 13(1)(5)).\n- Because the manager’s costs and remuneration come out of the estate (s 31) and the Public Trustee may charge prescribed fees (s 20(1)), there is a direct financial cost to protection for the estate.  That creates a trade-off: protection and supervision versus reduction in the estate’s net value available to beneficiaries.\n- The manager can avoid transactions entered into by the protected person (s 27).  This protects the estate from exploitative deals but reduces contract finality for third parties dealing with a person who may be incapacitated (s 27(2) — the transaction is saved if the other party did not know and could not reasonably be expected to know of incapacity).\n- The court’s wide discretion to appoint managers, define powers, order investigations and audit (ss 9A, 10, 13, 19, 24) centralises decision-making in the judicial and Public Trustee systems.  This creates administrative and compliance tasks for managers (regular statements, potential audits) and gives the Public Trustee oversight powers (s 19(4)–(5), s 24).\n\nCosts, burdens and implementation risks (source-based)\n\n- Compliance burden on managers: prepare and file verified statements in the manner and at times the court directs; provide duplicate statements and accounts to the Public Trustee; pay audit fees if required (s 19(1)–(5), s 20(2)).  Failure to comply attracts a summary penalty (s 19(3)).\n- Transactional uncertainty for third parties: managers’ power to avoid dispositions and contracts (s 27) creates a possibility that contracts with a protected person may be set aside if incapacity was known or should have been known (s 27(2)).  The court can also exempt transactions where it is satisfied the person understood the transaction (s 27(3)).\n- Administrative discretion and risk of variable outcomes: the court may make many discretionary choices — whether to appoint the Public Trustee, whether to require security, what investments are appropriate for unapplied funds, whether to order sale of property — producing case-by-case variation (ss 10(2)–(3), 15(3), 16).\n- Enforcement and investigatory powers include authorising entry to premises for an officer making a report and imposing a modest penalty for refusal to assist (s 9A(4)–(6)).  The Public Trustee can require audits of managers’ accounts for examination (s 19(5)).\n\nEffects on private enterprise, contract freedom and ownership (concise assessment)\n\n- Ownership and control: the Act permits transfer of management and control over businesses, partnerships and land to a manager appointed by the court (s 13(1)(5), s 16, s 28).  That changes who exercises ownership rights in practice.\n- Contract freedom and market transactions: contracts and dispositions entered by a protected person can be voided by the manager unless the third party could not reasonably have known of incapacity (s 27(1)–(2)), which increases counterparty risk in dealings with persons who may be incapacitated.\n- Competition and independent businesses: the Act allows appointment of non‑family managers or the Public Trustee (s 10).  That creates a formal route for professional or State management of private assets, funded from the estate (s 31, s 20).  The Act does not itself set market rates, but allows the court or prescribed fee mechanisms to set remuneration and fees (s 31, s 20(1)).\n\nOther notable mechanics\n\n- The court can make a protection order on its own initiative in personal injury proceedings before assessing damages, and must give notice and hear evidence in some situations (s 8A).\n- The Act interacts with other statutory regimes: administration orders under the Guardianship and Administration Act 1993 limit or displace protection orders (s 30); a protection order will generally end on death but the court can extend it briefly and the Succession Act interacts with that limit (s 11(3)).\n- International cross-border mechanisms exist: the Act allows the Public Trustee to accept authority from proclaimed foreign jurisdictions to manage property in South Australia and enables managers to request authority abroad where property of the protected person exists in a proclaimed state (ss 32A, 32B).\n\nBottom-line, source-grounded description\n\nThe Act creates a judicially supervised, court‑driven regime to replace or limit an individual’s control of property when incapacity, undue influence or similar circumstances exist.  It transfers management powers to a court‑appointed manager (including the Public Trustee), imposes filing, auditing and fee arrangements paid from the protected estate, allows the manager to set aside certain prior transactions, and gives the court broad discretion to tailor orders (ss 7, 10, 13, 19, 27, 31).  These mechanisms protect the estate in the court’s view but impose compliance costs on managers and reduce finality for third parties contracting with the protected person (s 19, s 27)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1940 scope. Originally focused on 'aged and infirm' persons, it now covers substance abuse (section 7(2)), includes domestic partners alongside spouses (2006 amendments), integrates with the modern guardianship framework (1993 and 2014 amendments), and extends to employment court jurisdiction for personal injury damages (2023 amendments). The addition of sections 32A and 32B in 1984 created international reciprocal arrangements not contemplated in the original Act. The 1973 addition of section 8A allowing courts to act on their own initiative in personal injury cases represents a major expansion from the original application-based model."},"complexity_factors":["Multiple overlapping jurisdictions (Supreme Court, District Court, employment courts) with different powers depending on the type of case","Complex interaction with Guardianship and Administration Act 1993 requiring notice provisions and automatic rescission mechanisms","Extensive cross-referencing to other legislation including Real Property Act 1886, Registration of Deeds Act 1935, Trustee Act 1936, Succession Act 2023, and Evidence Act 1929","Nested conditional logic in sections 8A (court's own initiative) and 27 (voidable dispositions) with multiple exceptions and safeguards","Dual regime structure (property protection vs. will testimony) with different procedural rules for each Part","International elements (sections 32A and 32B) dealing with reciprocal arrangements with 'proclaimed states'","Detailed procedural requirements for examinations, reports, and filings (sections 9A, 19, 23)","Multiple defined terms in interpretation section including 'court', 'domestic partner', 'employment court', 'proclaimed state', 'protected estate', and 'protected person'"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law protects the property of people who can't manage their own affairs due to age, illness, disability, or substance abuse. It also allows people to record evidence about their wills while they're still alive to prevent disputes later.\n\n**Part 1: The basics**\nSets up which courts can hear cases under this Act (Supreme Court, District Court, and employment courts for personal injury matters). It also gives courts flexibility to create procedures when the Act doesn't cover a specific situation.\n\n**Part 2: Protecting property of vulnerable people**\n\n- **Who can get protection:** People who are unable to manage their affairs due to age, disease, mental or physical infirmity, or substance abuse (alcohol or drugs). Also covers people vulnerable to \"undue influence\" (being pressured or manipulated by others regarding their money).\n\n- **How protection works:** The court can make a \"protection order\" appointing a \"manager\" (usually a family member, trusted person, or the Public Trustee) to take control of the person's property and finances.\n\n- **Who can apply:** The person themselves, their spouse or domestic partner, close relatives, the Public Trustee, or others who can show good reason.\n\n- **Special rule for personal injury cases:** Courts can make protection orders on their own initiative when awarding damages to someone who may lack capacity to manage the money.\n\n- **What managers can do:** Take possession of property, pay bills, invest money, run businesses, provide for dependents, and even cancel contracts or gifts the protected person made while vulnerable.\n\n- **Safeguards:** Managers must file accounts with the court, can be removed if unsuitable, and the court can exempt certain property from control. The protected person can ask the court to end the order if they regain capacity.\n\n- **Relationship with other laws:** This Act works alongside (but doesn't replace) the Guardianship and Administration Act 1993. If someone has a guardianship order covering their whole estate, a protection order can't be made.\n\n**Part 3: Recording will evidence early**\n\nAllows people who've made wills to apply to court to record sworn testimony about:\n- Whether they properly signed the will\n- Whether they had mental capacity (understood what they were doing)\n- Whether anyone was pressuring them\n\nThis creates a record that can be used later if the will is challenged after their death.\n\n**Why it matters:**\nThis law fills an important gap between full guardianship and leaving vulnerable people unprotected. It prevents financial abuse of elderly or disabled people while preserving as much autonomy as possible. The will-recording provisions help prevent expensive court battles over estates."}},"importantCases":[],"_links":{"self":"/api/acts/aged-and-infirm-persons-property-act-1940","history":"/api/acts/aged-and-infirm-persons-property-act-1940/history","analysis":"/api/acts/aged-and-infirm-persons-property-act-1940/analysis","conflicts":"/api/acts/aged-and-infirm-persons-property-act-1940/conflicts","importantCases":"/api/acts/aged-and-infirm-persons-property-act-1940/important-cases","documents":"/api/acts/aged-and-infirm-persons-property-act-1940/documents"}}