|
Where am I now? Lawlink > NSW Trustee and Guardian > Private Management > Requirements for Managers
|
Print page
|
Requirements for Managers
Roles and Responsibilities for a Manager?
When I am appointed Manager, what do I do?
How much freedom do I have in planning management of the estate?
How much time will it take?
Roles and Responsibilities for a Manager?
You do not need any formal qualifications or special experience to be a Manager however you need to:
- be at least 18 years old;
- be a fit and proper person to manage the affairs of another person;
- be prepared to always act in the best interests of the person and to make decisions which meet their needs and take into account the views and chosen lifestyle of the person prior to loss of capacity; it is important to not make decisions which are based simply on preservation of the estate;
- be prepared to declare any possible conflict of interest and so avoid making financial decisions about the person’s estate on the basis of any personal plans or needs which could compromise your capacity to plan in the best interests of the person;
- be prepared to maintain close contact with the person and consult him/her, where possible, about decisions relating to the management of his/her financial affairs;
- be willing and able to keep records of all income and expenditure for the person and provide annual accounts to the NSW Trustee and Guardian (NSWTG) and;
- understand that the NSW Trustee and Guardian Act 2009 requires the NSW Trustee and Guardian to direct and authorise you in your role in regard to financial management. This often includes the appointment of an independent specialist in disability (called an “Authorised Visitor”) to visit the person with a disability and provide a comprehensive report to the office on his/her needs and circumstances.
When I am appointed Manager, what do I do?
While you may have been formally appointed as financial manager, in most cases you have no power or authority to manage the person’s financial affairs until you are issued with a document called “Directions and Authorities”by NSW Trustee and Guardian. This document is settled after you and NSWTG staff have discussed what is required.
The “Directions and Authorities” document provides you with all the necessary authority to manage, details the specific financial actions which you have authority to perform, and provides a basis for the annual examination of accounts which NSWTG requires of you. The format of these accounts will be explained to you by NSWTG staff.
Every effort is made to discuss your role with you as soon as possible but there may be a delay between the time the order is made and when the Office receives the necessary tribunal or court documents. Wherever possible we will endeavour to meet with you. In the meantime you are encouraged to ring the Private Management Branch (Phone (02) 8688 2600) for general information on what will be involved and what preparations you could be making in the meantime, e.g., collection of necessary financial information.
Once the notification of the order and your appointment is received, you will be contacted. You will then be asked to:
- Provide NSWTG with all relevant information and copies of documents relating to the financial affairs of the person.
- Provide some form of “security” to be lodged with NSWTG, such as title deeds to the person’s property or a sum of money from his/her estate.
- Keep records of all income and expenditure.
- Begin to prepare, or have prepared, annual accounts to be lodged for examination by NSWTG.
How much freedom do I have in planning management of the estate?
You have been appointed Manager and NSWTG will monitor you in the role of Manager and may request reports to determine whether the person’s needs are being met as the Court or Tribunal intended. You are encouraged to make whatever proposals for use of the estate you believe will meet the person’s needs and enhance his/her quality of life.
Your proposals for this plan are assessed, taking into account:
- The principles of substitute decision making (which means wherever possible putting oneself in the shoes of the person and acting in accordance with the views he/she would have had but for his/her incapacity),
- The best interests of the person,
- The financial resources available, and,
- The views of the person and family if possible.
How much time will it take?
Managing the simplest estate may be likened to being Treasurer for a small voluntary organisation. The role requires maintaining records of income and expenditure for auditing in a similar way. Managing more complex estates, especially where assets need to be sold and legal agreements entered into, requires more time commitment, as do estates of persons whose lifestyle, wants and needs change frequently.
|
|
