NSW Public Trustee and Guardian
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Other issues


Guardians
Joint managers
Changing managers
Revocation of a financial management order
Does a financial management order apply outside NSW?
Ask for help early
Removing a private manager


Guardians

The Supreme Court or the Guardianship Tribunal may appoint a guardian to make decisions about specific health and lifestyle issues for the managed person.

As well as being appointed Manager, you may also be appointed as guardian. If a separate guardian is appointed, you should consult with the guardian on all major financial decisions such as choosing suitable accommodation for the managed person.

You should also advise the guardian of any recommendations made by the NSW Trustee and Guardian’s Authorised Visitor. See the chapter called Working with NSW Trustee and Guardianfor more details about Authorised Visitors.

Joint managers

Where you are appointed as a Joint Manager, you must work with the other Manager in looking after the managed person's estate. You have a shared, not a separate, responsibility for all decisions. This includes signing cheques and deciding about how to invest funds.

If either of the Managers dies, or is relieved of their management role, the remaining Manager takes on full responsibility for the estate.

Changing managers

You can be replaced as a Manager if:

  • you resign voluntarily
  • you do not meet your obligations
  • you have a conflict of interest and it is in the best interests of the managed person that another Manager be appointed.

If you want to resign, write to the Guardianship Tribunal if the tribunal made the financial management order. The chapter in this handbook called Useful Contacts lists the address and telephone number for the tribunal. If the Supreme Court of New South Wales made the order, contact your liaison officer for further information.

Should the Manager die, a replacement Manager will need to be appointed.

Revocation of a financial management order

The Supreme Court of New South Wales or the Guardianship Tribunal can revoke the order if, according to a doctor, clinical psychologist, rehabilitation specialist or other appropriate professional, the managed person has regained the ability to manage their own financial affairs. An application will need to be made to the court or tribunal which initially made the order.

The Guardianship Tribunal can also revoke an order if it considers that the order is no longer required and it should be revoked in the best interests of the managed person.

Does a financial management order apply outside NSW?

Interstate or overseas assets
Your power to deal with such assets depends on the acceptance of your authority in the state or country where the assets are located. A financial management order will generally only apply to assets in NSW. This means that you will have to seek a financial management order in the relevant state, territory or country for assets outside of NSW.

The Manager lives outside NSW
If you live outside NSW, you can still manage NSW assets provided you sign an agreement or undertaking to comply with directions from NSW Trustee and Guardian. The agreement is called the Undertaking by Manager Residing Outside New South Wales.

The managed person lives outside NSW
The financial management order still applies regardless of whether the managed person lives outside NSW.

If both the managed person and the Manager live outside NSW, it is probably best to have the NSW order cancelled and apply for a financial management order in the relevant state or country (but not if there is real estate in NSW to be managed or sold).

Ask for help early

Wherever possible NSW Trustee and Guardian will work with Managers to assist them to fulfil their role. If you are having difficulties you should contact your liaison officer to discuss the matter.

Removing a Manager

In circumstances where a Manager fails to undertake their role according to the Directions and Authorities provided or fails to act in the managed person’s best interests NSW Trustee and Guardian may make an application to have their appointment as Manager terminated and someone else appointed in their place.

Download the Private Manager's Handbook
Cover of the Private Manager Handbook
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Read the Private Manager's Handbook online
- Main Contents
- Useful Contacts
- Appendices

Forms
- Estate Information
- Sample Letter
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Last updated: 10 February 2012