54Persons eligible to be appointed as administrators

### 54 Persons eligible to be appointed as administrators > [*\[Section 54 Subsection (1) amended by No. 18 of 2021, s. 144, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS144@Hpa@EN) [*\[Section 54 Subsection (1) amended by No. 18 of 2021, s. 144, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS144@Hpb@EN) [*\[Section 54 Subsection (2) amended by No. 18 of 2021, s. 144, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS144@Hpc@EN) [*\[Section 54 Substituted by No. 21 of 2023, s. 48, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS48@Hpc@EN) > > > (1)  The Tribunal may only appoint the following persons as an administrator for a proposed represented person in respect of financial matters: > > > > > > (a) a person, including the guardian for the proposed represented person, who is eligible for appointment under [subsection (2)](#GS54@Gs2@EN) ; > > > > > > > (b) if no person is eligible for appointment under [subsection (2)](#GS54@Gs2@EN)  – > > > > > > > > > > (i) a trustee company within the meaning of the [Trustee Companies Act 1953](/view/html/inforce/2026-04-12/act-1953-072) ; or > > > > > > > > > > > (ii) The Public Trustee; or > > > > > > > > > > > (iii) the Public Guardian. > > > (2)  A person who is an adult is eligible for appointment as an administrator for a proposed represented person in respect of financial matters if – > > > > > > (a) the person consents to act as administrator; and > > > > > > > (b) the Tribunal is satisfied that the person – > > > > > > > > > > (i) understands their obligations and duties and will act in accordance with the requirements of the Act; and > > > > > > > > > > > (ii) is a suitable person to act as administrator for the proposed represented person in respect of those financial matters. > > > (3)  For the purposes of [subsection (2)(a)](#GS54@Gs2@Hpa@EN) , a person consents to act as an administrator if the person gives to the Tribunal a written declaration, in a form approved by the Tribunal, that states the following: > > > > > > (a) that the person consents to act as the administrator for the represented person in respect of that person's financial matters; > > > > > > > (b) that the person understands their obligations and duties under this Act; > > > > > > > (c) that the person understands the consequences of failing to comply with their obligations and duties under this Act; > > > > > > > (d) that the person undertakes to act in accordance with this Act; > > > > > > > (e) such other information as may be prescribed. > > > (4)  For the purposes of [subsection (2)(b)(ii)](#GS54@Gs2@Hpb@EN) , in determining whether a person is a suitable person to act as the administrator for a proposed represented person in respect of financial matters, the Tribunal must take into account the following: > > > > > > (a) the wishes and preferences of the proposed represented person (so far as they can be ascertained); > > > > > > > (b) the desirability of preserving existing relationships that are important to the proposed represented person; > > > > > > > (c) the compatibility of the person proposed as administrator with the proposed represented person and with the proposed represented person’s guardian, if any; > > > > > > > (d) the extent to which the person’s interests may conflict with the interests of the proposed represented person; > > > > > > > (e) the desirability of appointing a person who has a personal relationship with the proposed represented person, rather than a person without such a relationship; > > > > > > > (f) whether the person will be available to act as administrator for the proposed represented person in respect of those financial matters; > > > > > > > (g) whether the person has the requisite skills or access to appropriate support to perform the role competently. > > > (5)  For the purposes of [subsection (4)(d)](#GS54@Gs4@Hpd@EN)  – > > > > > > (a) the fact that the person is a close family member of the proposed represented person does not, of itself, mean that the person’s interests are likely to conflict with the interests of the proposed represented person; and > > > > > > > (b) the fact that the person may be a beneficiary of any part of the proposed represented person’s estate on the proposed represented person’s death does not, of itself, mean that the person’s interests are likely to conflict with the interests of the proposed represented person; and > > > > > > > (c) the fact that the person is in conflict with a close family member of the proposed represented person does not, of itself, mean that the person’s interests are likely to conflict with the interests of the proposed represented person.