Approval for gifts and dealing with property

Application for approval for payment for gifts and other expenses

An administrator needs to seek approval from SACAT to make payments to:

  • Spend more than $19,000 per year for accommodation costs for rent or board and lodging for the person.
  • Pay more than $100,000 per year for premiums for a retirement village.
  • Give more than half the person’s net income for the year, or annual average weekly earnings (whichever is the lesser) to their spouse or domestic partner.
  • Give more than $8,700 per year to the person’s children or grandchildren.  
  • Buy or sell real estate
  • Enter a lease for more than two years of the person’s property
  • Take on a lease, except where this is for the accommodation of the person.  

Application for exemption for disposal of property and to enter contracts

An application can be made to SACAT, in certain circumstances, for exemption from the restriction on the protected person from disposing of property or from entering into a contract. 

Disallowance of expenditure

SACAT can disallow an expenditure made by an administrator in some circumstances.
 
If approval has not first been sought from SACAT, and after considering the statements filed as part of the reporting requirements of a private administrator, the Public Trustee can recommend that SACAT disallow an item of expenditure. A hearing may be necessary to consider the issue.

If SACAT disallows an item of expenditure, the administrator may, in certain circumstances, be liable for the amount paid out of the protected person’s estate and for other costs.

Application for authority to exercise powers after death of the protected person

If the protected person dies, the administration order, and the appointment of the administrator, comes to an end. The administrator can apply to SACAT to continue to administer the estate for a period of up to two months after the death of the person, to enable necessary payments to be made, such as payment of nursing home fees.

The administrator can pay funeral expenses without seeking authority from SACAT.