Administration

A person who is unable to make certain decisions about, or who is unable to manage their money, their legal or business affairs, because of a mental incapacity has his or her rights protected by the law. SACAT can appoint a person as an administrator who acts in the place of the person with incapacity and makes decisions.

SACAT deals with the following types of applications in this area:

  • appointing an administrator under an administration order to make decisions about the legal, financial and business affairs of a person
  • revoking the appointment of a particular administrator and appointing another
  • providing advice or directions to an administrator under an order
  • approving payment of money as gifts to the protected person’s children or grandchildren, for accommodation expenses and for the maintenance of a spouse or domestic partner
  • making urgent orders if there is an immediate risk to the protected person’s assets
  • approving the sale of real estate
  • giving directions about the making of testamentary provisions  
  • changing or revoking a previous administration order.

SACAT does not: 

  • appoint an administrator for children under the age of 18
  • remove a person’s assets or finances from them or manage a person’s assets and finances for them. SACAT decides if the person needs someone else appointed to manage their assets and income for them in order to protect the person and his or her income and assets.

Do you need to apply? SACAT need not:

  • appoint an administrator in cases where a person with a mental incapacity is coping well or has appropriate supports in place through ‘informal arrangements’  
  • appoint an administrator when other formal legal protections are already in place and are working well and there is no good reason to disturb those arrangements (such as an Enduring Power of Attorney)

SACAT is also able to:

Find out more about bringing an application to SACAT:

Organisations that may be able to assist you in administration matters:

Relevant legislation:

See SACAT jurisdictions