who can SACAT appoint as an administrator?
SACAT can appoint:
- a family member or friend, or a person who knows the protected person well and is interested and able to assist that person.
- the Public Trustee
- an accountant or a lawyer where appropriate
- a trustee company.
If the Public Trustee is appointed as administrator no other administrator can be appointed.
Any other person appointed as an administrator apart from the Public Trustee is called a private administrator.
If a person and/or a trustee company are appointed as administrator SACAT can appoint a single administrator, or joint administrators, or 'joint and several' administrators to act. If there is more than one administrator appointed jointly, they must agree on the decisions that they make about the protected person’s estate (subject to the words in the order).
If administrators are appointed to act 'jointly and severally', it means that they can make financial decisions without the need for prior discussion if it is not practical do so. The administrators can make a decision and sign documents together or without each other.
SACAT will not appoint:
- a person, unless they consent to the appointment
- a company that is not a trustee company
- a trust.
Suitability of appointment
SACAT will consider the evidence and weigh up certain principles to determine the suitability of the order and of the proposed administrator. In deciding if a person is suitable to act as an administrator, SACAT can also take into account:
- whether the potential administrator and the person are compatible
- existing family relationships
- whether the potential administrator is available and has the skills to manage the estate
- any conflict of interest.
How long is an administration order?
An administration order generally starts on the day SACAT makes the order.
It is ongoing until another order is made by SACAT, but must be automatically reviewed at least every three years to see if the order should still be in place or if any changes are required.
Occasionally, the protected person's circumstances change. The person who the administration order is about and anyone else with an interest in their welfare can apply to SACAT to have the order changed or cancelled at any time.
- An application can be made to SACAT to change or cancel an administration order at any time; for instance, if there is new information or a change in circumstances.
- An administration order must be regularly reviewed by SACAT, at intervals of not more than three years. This is an automatic review.
- An application can be made to SACAT for a Review of a SACAT decision to make an administration order with the permission of the Tribunal.