Role of an administrator

A person who is unable to manage their money or their legal or business affairs because of a mental incapacity may need an administrator appointed.  The administration order does not have the effect of removing a person’s assets or finances from them: SACAT merely appoints someone else to manage the person’s affairs.

An administrator can manage part of the person’s affairs, such as their Centrelink benefit, or a particular bank account, or all of the person’s estate.  There are limits on the decisions that can be made by administrators without seeking specific approval from SACAT. See 'Approval for gifts and dealing with property' page. 

An administrator is legally responsible to act in accordance with the terms of the order, to make decisions and sign documents on the person’s behalf in the interests of the protected person, after consultation with the protected person (if possible) and other relevant professionals or support agencies. An administrator may run a business for the person or conduct a legal action on their behalf.  

There are significant responsibilities and reporting requirements placed on private administrators. It is an offence to fail to comply with the reporting requirements under the Guardianship and Administration Act.

You can contact the Public Trustee or the Office of the Public Advocate for further advice.