38Powers of public trustee and guardian as manager

38 Powers of public trustee and guardian as manager (1) Unless the court in a particular case otherwise orders, the public trustee and guardian as manager of property under this part may— (a) take or recover possession of the property and recover all sums of money (including sums of money payable in respect of damages and mesne profits) payable to the owner of the property in connection with the property, whether the money became payable before or after the public trustee and guardian became manager of the property; and (b) do all things necessary for obtaining or perfecting the title to the (c) carry out or enforce, in such manner as the public trustee and guardian thinks fit, any contract affecting the property and exercise any powers conferred by the contract; and

(d) perform or discharge any obligation or duty imposed on the owner of the property; and (e) apply the property, or any money received by the public trustee and guardian as manager of the property, for the maintenance, education, advancement or benefit of the domestic partner, children or other dependants of the owner of the property; and (f) pay, out of moneys received or borrowed by or advanced to the public trustee and guardian as manager of the property— (i) any mortgages, charges or other obligations on or attached to the property; and (ii) any debts, liabilities, costs, expenses or other obligations of the owner of the property; and (g) exercise any power conferred by or under an instrument or any law in force in the ACT on the owner of the property; and (h) subject to this Act, sell the property; and (i) cut, gather and sell crops growing or situated on the property; and (j) erect or contribute to the costs of erecting fences on or around the property; and (k) in the name of the owner of the property or, if the public trustee and guardian thinks fit, in the corporate name of the public trustee and guardian, bring or defend any proceedings relating to the property; and (l) exercise such other powers as may be conferred on the public trustee and guardian by the court under section 34 (3); and

(m) subject to the provisions of this part relating to the sale of property by the public trustee and guardian, exercise such powers that the public trustee and guardian, if the public trustee and guardian were the trustee of the property, could, under this Act or any other law in force in the ACT, exercise in relation to the property. (2) An instrument executed by the public trustee and guardian as manager of property in the exercise of any of the powers conferred on the public trustee and guardian under this part shall have effect and may be registered in all respects as if it had been executed by the owner of the property.