Power to make gifts
47 Power to make gifts
Except as provided in any order of VCAT, an administrator may make a gift of a represented person's property if—
the gift is reasonable, having regard to all the circumstances, including the represented person's financial circumstances; and
the gift is—
to a relative or a close friend of the represented person and is of a seasonal nature or for a special event; or
Example
An example of a special event is a birth or a marriage.
of a type of donation that the represented person made when the represented person had decision-making capacity in relation to making donations or that the represented person might reasonably be expected to make.
A gift may be made by an administrator under subsection (1) even if the gift is made to—
the administrator; or
a relative or close friend of the administrator; or
an organisation with which the administrator has a connection.
Note
Section 61 sets out accounting requirements in relation to certain gifts that are of or over $100 or the prescribed amount (whichever is greater).
This provision refers to the regulations (prescribed amount
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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