Guardianship and Administration Act 2019

An administration (missing person) order confers on the person appointed as administrator—

a power to make decisions about the financial matters in relation to the missing person specified in the order; and

a power of investment in accordance with section 111; and

a power to open the will of the missing person in accordance with section 112; and

any other power that is specified in the order; and

a power to sign and do any thing that is necessary to give effect to any power or duty vested in the administrator; and

a power to do all matters necessary or incidental to the performance of any power conferred on the administrator.

For the purposes of subsection (1)(d), VCAT may only specify a power if VCAT is satisfied that the power is necessary or desirable for the purposes of promoting the personal and social wellbeing of the missing person.

Subject to, and in accordance with, this Act and the administration (missing person) order, an administrator may do all acts and exercise all powers in relation to the financial matters specified in the order in the name, and on behalf, of the missing person as effectually and in the same manner as the missing person may have done if the missing person were not missing and had the relevant decision-making capacity.

A decision made, action taken, consent given or thing done by an administrator under a administration (missing person) order has effect as if it were made, taken, given or done by the missing person and the missing person were not missing and had the decision-making capacity for the matter in relation to which the order was made.