SIG-16 Signing by a Plenary Administrator under SAT Order

Version 1 - 13/04/2021

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Overview

Where a person has been deemed incapable and can no longer legally sign legal documents a responsible person should seek an Order from the State Administrative Tribunal (SAT) which may grant all or limited powers under the Act for the said person. The Supreme Court may also appoint a Manager in similar cases.

The proper style of execution by an administrator/manager is shown below but in practice any form of attestation will be accepted provided it is clear that the attorney is signing as administrator/manager.

As part of the registration process, the attestation by an attorney is checked to ensure that the attorney has the express power to carry out the intention of the instrument.

Execution under SAT or Court Orders should comply with the Transfer of Land Act 1893 (TLA) witnessing requirements. It is preferable that each administrator/manager signature is independently witnessed.

A copy of the SAT Order/Court order plus the required statutory declaration must also accompany the relevant transaction, see CAP-02 Incapable Persons for more information.

2 Examples of Signing/Execution Clauses

A proper execution by an attorney is:

Signed by (Name of Administrator) as

Plenary Administrator for (Name of incapable person)

Pursuant to State Administrative Tribunal Order (SAT)               (Signature of Administrator)

(order number) made the (date of order)

the presence of

Witness                                                                                             (Signature of witness)

(Full Name, Address and Occupation)

And/or

Signed by (name of manager)

the Manager of (name of incapable )                       (Signature of Manager)

person) pursuant to an Order of the

Supreme Court of Western Australia

(Order number) made the (date of order) in the

presence of

Witness                                                                     (Signature of witness)

(Full Name, Address and Occupation)

 

3 Also see

CAP-02 Incapable Persons

This page was last updated on: 01 Jun 2021