Protection of Personal and Property Rights Act 1988

11 Order to administer property

(1)

Where, on an application to a court for the exercise of its jurisdiction under this Part,—

(a)

the person in respect of whom the application is made is not subject to a property order; and

(b)

the court considers that the making of a property order or the giving of a direction under section 64(3) would not be in accordance with section 8; and

(c)

the court considers the making of an order under this section necessary in all the circumstances,—

the court may, subject to subsection (2), by order, appoint any person (but only 1 person) named in the order to administer, on behalf of the person in respect of whom the application is made, any property or income or benefit, belonging to the person or to which that person is or may become entitled, and specified in the order.

(2)

No order may be made under this section in respect of either—

(a)

any item of property that exceeds $5,000 in value, or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this paragraph; or

(b)

any income or benefit in excess, in any one year, of $20,000, or such other amount as is, from time to time, prescribed by Order in Council for the purposes of this paragraph.

(3)

Every person who administers any property, income, or benefit pursuant to an order made under this section shall do so in such a way as to enable or encourage the person for whom he or she is acting to exercise and develop such capacity as that person has to the greatest extent possible.

(4)

In any order made under this section, the court shall specify a date, being not later than 3 years after the date of the order, by which the person appointed to administer the property is required to apply to the court for a review of the order.

(5)

The provisions of subsections (3) to (7) of section 31, sections 37, 43, 44, 49, and 50 (so far as it relates to expenses), and paragraphs (a), (b), and (e) of section 52, so far as they are applicable and with any necessary modifications, shall apply to every person appointed to administer any property under this Act.

Section 11(2): substituted, on 28 July 1997, by section 2 of the Protection of Personal and Property Rights Amendment Act 1997 (1997 No 52).

Section 11(2)(a): amended, on 1 August 2007, by clause 3 of the Protection of Personal and Property Rights Order 2007 (SR 2007/196).