56Powers and duties of administrator

### 56 Powers and duties of administrator > > (1)  [*\[Section 56 Subsection (1) substituted by No. 21 of 2023, s. 49, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS49@EN) Subject to and in accordance with this Act and the relevant administration order, a person appointed as an administrator – > > > > > > (a) has general care and management in respect of financial matters for the represented person; and > > > > > > > (b) has the duty to take possession and care of, recover, collect and administer financial matters for the represented person and generally to manage the represented person’s affairs with the exercise of all rights, statutory or otherwise, in respect of financial matters; and > > > > > > > (c) in the name of, and on behalf of, the represented person, may generally do all acts and exercise all powers that the administrator is authorised to do or exercise in respect of financial matters for the represented person with the same effect and in the same manner as the represented person could have done if that person were not subject to the administration order. > > > (2)  Without limiting [subsection (1)](#GS56@Gs1@EN) , an administrator may, in the name and on behalf of the represented person and so far as may be specified in the administration order  – > > > > > > (a) collect, receive and recover any income or property to which the represented person is entitled; and > > > > > > > (b) invest money in any manner in which trustees may by law invest; and > > > > > > > (c) [*\[Section 56 Subsection (2) amended by No. 18 of 2021, s. 146, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS146@Hpa@EN) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpa@EN) take a lease of real estate at such rent and on such conditions as the administrator thinks fit; and > > > > > > > (d) exercise any power of leasing vested in the represented person; and > > > > > > > (e) surrender any lease, accept any lease, accept the surrender of any lease or renew any lease; and > > > > > > > (f) sell, exchange, partition or convert into money any property other than real estate; and > > > > > > > (g) sell, exchange, partition, convert into money or grant any interest in any real estate; and > > > > > > > (h) mortgage, purchase, acquire, lease or charge any property or sever any joint tenancy; and > > > > > > > (i) pay any debts and settle, adjust or compromise any demand made by or against the estate, and discharge any encumbrance on the estate, and reimburse (whether legally obliged to make such reimbursement or not) any person who has expended money for the benefit of the represented person; and > > > > > > > (j) carry on, so far as appears desirable, any trade, profession or business which the represented person carried on; and > > > > > > > (k) agree to any alteration of the conditions of any partnership into which any represented person has entered or to a dissolution and distribution of the assets of the partnership; and > > > > > > > (l) bring and defend actions and other legal proceedings in the name of the represented person; and > > > > > > > (m) execute and sign deeds, instruments and other documents; and > > > > > > > (n) complete any contract for the performance of which the represented person was liable or enter into any agreement terminating liability; and > > > > > > > (o) pay any sum for the maintenance of the represented person (and, in the event of his or her death, for funeral expenses) for the maintenance of his or her spouse or any child, parent or other person dependent on him or her and for the maintenance and education of his or her children as may be expedient and reasonable; and > > > > > > > (p) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpb@EN) expend money in the insurance, repair, maintenance, renovation, reconstruction or preservation of any property; and > > > > > > > (q) pay or cause to be paid to the represented person for the personal use of that person an amount of money standing to the credit of that person; and > > > > > > > (r) give or cause to be given to the represented person for the personal use of that person any personal property which belongs to that person; and > > > > > > > (s) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpc@EN) do all matters necessary or incidental to the performance of any of the matters specified in this subsection and apply any money or property which it is necessary to apply for the purposes of this Act; and > > > > > > > (t) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpd@EN) exercise any power, including a power to consent, vested in the represented person, whether beneficially, or as a trustee, or otherwise; and > > > > > > > (u) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpe@EN) exercise any power of the represented person in respect of any superannuation of the represented person; and > > > > > > > (v) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpe@EN) renounce on behalf of the represented person, the represented person’s right to apply for a grant of probate in respect of an estate of which the represented person has been appointed as executor; and > > > > > > > (w) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpe@EN) renounce, on behalf of the represented person, the donor's right to a grant of letters of administration; and > > > > > > > (x) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpe@EN) use legal services for a represented person's benefit; and > > > > > > > (y) [*\[Section 56 Subsection (2) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpe@EN) bring or defend a legal proceeding or hearing in a court, tribunal or other body on behalf of the represented person. > > > (3)  [*\[Section 56 Subsection (3) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpf@EN) [*\[Section 56 Subsection (3) amended by No. 18 of 2021, s. 146, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS146@Hpb@EN) The Tribunal may, by order, limit the exercise of any power as it thinks fit or direct that the represented person may continue to be responsible for any part of the represented person’s financial matters. > > > (4)  [*\[Section 56 Subsection (4) amended by No. 18 of 2021, s. 146, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS146@Hpc@EN) The Tribunal may, subject to such conditions or restrictions as it considers necessary, authorize an administrator to do any act not specified in this section. > > > (5)  [*\[Section 56 Subsection (5) amended by No. 18 of 2021, s. 146, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS146@Hpd@EN) Where a decision, action, consent or act is made, taken, given or done by an administrator under an order made by the Tribunal or under any power or authority given by this Act, the decision, action, consent or act has effect as if it had been made, taken, given or done by the represented person and the represented person had the legal capacity to do so. > > > (6)  [*\[Section 56 Subsection (6) amended by No. 21 of 2023, s. 50, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS50@Hpg@EN) On the death of a represented person, an order appointing an administrator under this Act ceases to have effect except so far as it authorizes payment of funeral expenses.