BND (Review of Administration)

The case involves a review of an administration order for BND, an 81-year-old woman with advanced dementia, who is unable to manage her estate. The review was conducted pursuant to section 67 of the Guardianship and Administration Act 1995, focusing on the appointment of the Public Trustee as her administrator. The applicants, SD and MS, BND's children, sought the review due to their dissatisfaction with the Public Trustee's administration of BND's estate. The key legal issues were whether the Board had the authority to review the administration order and if the appointment of an alternative administrator would better serve BND's best interests.

The Board concluded that it had the authority to review the administration order under section 67 of the Act. While the applicants' grievances against the Public Trustee were considered, the Board noted that such grievances were not grounds for review in themselves. Instead, the Board had to assess whether a change in administrator would promote BND's best interests. The applicants nominated KP, a tax agent and accountant with 25 years' experience, as an alternative administrator. However, the Board was not satisfied that KP met the criteria for remuneration as required by section 54(1)(d) of the Act, as he was not currently carrying on a business of administering estates. Furthermore, the Board was not convinced that transferring the administration to Tasmanian Perpetual Trustees would be in BND's best interests due to potential higher fees and further delays in making a decision on the rental or sale of BND's property.

In conclusion, the Board decided to retain the Public Trustee as BND's administrator. The Board ordered the Public Trustee to seek the views of BND's family regarding the sale or rental of her property and to make a decision within 28 days, communicating the decision and reasons to BND's family members. The Board also directed the Public Trustee to refrain from advertising or contracting the property for rental or sale for a further 14 days from the communication to allow time for any objections from BND's family.