Trustees And Guardians NSW

Trustees And Guardians NSW

Trustees And Guardians NSW

NSW Trustees and Guardians help to support the rights, dignity and choices of the people of New South Wales during the most vulnerable times in their lives.

Find out more about the NSW Trustee and Guardian, the services they can provide, their role within the community and relevant legislation.

Let’s take a closer look.

What Is The Role Of A Trustee Or Guardian?

Trustees and guardians in NSW are a government agency that helps support people when planning their future legal, financial and health decisions. (Formally known as the Public Trustee.) They provide several multidisciplinary services such as estate management, power of attorney and will preparation to the people of NSW. The department can provide direction and guidance to private managers appointed by the Supreme Court or a tribunal.

The NSW Trustee and Guardian provide services to many customers, including some of the most vulnerable. They manage over six billion dollars in customer assets and write over 13,000 estate planning documents each year.

A trustee may be appointed by a court or administrative tribunal, to provide management for people with an impaired decision making capability, such as a disability.

Each state and territory in Australia has Trustee and Guardian legislation, and in New South Wales, it is the NSW Trustee and Guardian Act 2009.

Trustee

A trustee is responsible for administering a trust and distributing assets, as per directives stated in a person’s will. They are also required to manage assets held in trust and handle the day-to-day financial matters, which may include managing money, shares or real estate.

Public Guardian

Public guardians are appointed by the NSW Civil and Administrative Tribunal (NCAT), these public officials can make health, lifestyle and medical decisions for someone who has lost their decision making capacity. A public guardian does not make financial decisions.

A public guardian is generally used as a last resort when a person has no friends or family who can take on the role, or when they have suffered abuse or neglect, are homeless or battling addiction.

NSW Trustee And Guardianship Act 2009

The NSW Trustee and Guardianship Act 2009 contains the legislation that defines the general functions of the NSW Trustee. It explains what services they may provide, such as executor, administrator or attorney, and instances when the NSW Trustee may be appointed. The legislation also contains the orders for; the management of estates of managed persons, financial investments and general matters.
The legislation ensures that the NSW Trustee and Guardian department operates with the legal framework, to ensure they provide customer-centred services to people at critical moments in their lives.

What Is A Managed Person?

The legislation within the NSW Trustee and Guardian Act 2000 states when a person cannot look after their affairs, they become a managed person. The court determines who will administer assets on their behalf, such as a private manager or the NSW Trustee.

In some circumstances, a managed person may have to move into a nursing home if they have dementia or another condition where they cannot look after themselves. These people become vulnerable members of our society and their finances must be handled appropriately. Unfortunately, there have been cases where trustees have charged exorbitant ongoing management fees, which have depleted their assets.

Families of a managed person can obtain professional legal advice if they are not satisfied with the service they have received from their appointed trustee. Trustee dispute lawyers can help ensure that vulnerable members of the community do not suffer financial mismanagement.

What Services Does NSW Trustee and Guardian Provide?

There are several services that a trustee or guardian provides, including the following:

Wills

A will is a legal document that details a person’s wishes regarding the distribution of their assets when they die. NSW Trustee can professionally draft a will to ensure it complies with legal requirements. The NSW Trustee and Guardian have created wills in the state for over 100 years.

NSW Trustee and Guardian also provide a willsafe document storage service, which ensures that important documents such as a will, power of attorney and an advance care directive can be stored securely.

Power Of Attorney

When a person cannot manage their affairs, they can appoint an organisation or person to act on their behalf, which may happen due to an illness, disability or injury.
A Power of Attorney is a legal document where a managed person states how they want to manage their legal and financial affairs. The NSW trustee can create the document and act as an attorney on behalf of their clients.

Enduring Guardianship

An enduring guardian can make health, lifestyle, and medical decisions for a person if they lose the capacity themselves. A decision may include where a managed person lives, and what medical treatment they receive. The guardian must understand the person’s values and wishes.

When a person has not already nominated an enduring guardian or has no friends or family to assist, NCAT or the Supreme Court may appoint a public guardian.

Trust Management

Trusts are created for several reasons, such as:

  • To support a beneficiary
  • Provide ongoing support
  • To benefit a charity
  • To provide tax-effective estate planning

An organisation such as the NSW Trustee or an individual can manage and administer trusts and can offer advice to ensure the trust created meets their client’s needs.

Deceased Estate Administration

When a person dies, their estate must be managed by an executor or organisation. They are responsible for the administration aspects of the deceased estate. The management of the estate must be by the terms stated in the will.

Some duties include;

  • Determine the deceased’s assets
  • Pay outstanding debts
  • Close bank accounts
  • Complete a final tax return

NSW Trustee and Guardian have extensive experience in estate administration in NSW and have access to independent experts in financial and legal matters.

Financial Management

When a person can no longer manage their financial affairs, they may require assistance from a financial management service. In some circumstances, a court will appoint a private manager or the NSW Trustee to act on their behalf.

What Is The Guardianship Division?

The Guardianship Division is a part of the NSW Civil and Administrative Tribunal that operates independently. They hold hearings to determine financial and guardianship matters and determine whether a person has the decision making capacity to appoint a substitute decision maker.

The Guardianship division is responsible for:

  • Orders to appoint a guardian
  • Orders to appoint a financial manager
  • Medical treatment consent
  • Enduring power of attorney review
  • Enduring guardianship review

Alternative Options

Government services provided by trustees are available in every state and territory of Australia, and alternative support options are also available.
Services such as drafting a will, appointing guardians, estate and financial management are also available from reputable law firms in all states and territories. Personalised service from a lawyer may be a preferred option for some clients.

Dedicated trustee dispute lawyers specialise in helping clients who have been mismanaged by their trustee. The lawyers can help settle disputes and seek compensation when appropriate.

Summary

The purpose of the NSW Trustee and Guardian is to support and protect the people of NSW when planning their future legal, financial and health decisions. They provide several multidisciplinary services to managed persons, such as estate management, enduring powers of attorney, and will preparation.

When a person cannot make their own decisions, a court may appoint a private manager or the NSW Trustee to act on their behalf, decisions may include where a managed person lives or what medical treatment they receive.

The NSW Trustee and Guardianship Act 2009 contains the legislation that defines the general functions of the NSW Trustee. It explains what services they may provide, such as executor, administrator or attorney, and instances when the NSW Trustee may be appointed.

The legislation ensures that the NSW Trustee and Guardian department operates within the legal framework, ensuring that they provide customer-centred services to managed persons at critical moments in their lives.

FAQs

1. What Is The Role Of The NSW Trustee And Guardian?

NSW Trustee and Guardians provide a variety of multidisciplinary services such as estate management, power of attorney and will preparation to the people of NSW, including some of the state’s most vulnerable. A trustee can be appointed by a court or tribunal to provide management for people with a disability that affects their decision making capability.
The NSW Trustee and Guardian provide services to many customers, including some of the most vulnerable. They manage over six billion dollars in customer assets and write over 13,000 estate planning documents each year.
The department can also provide direction and guidance to private managers appointed by the Supreme Court or a tribunal.

They were formally known as the Public Trustee.

2. Who Is In Charge Of The NSW Trustee And Guardian?

The NSW Trustee and Guardian is a government agency that helps to support people when planning their future financial, health and legal decisions.

Every state and territory in Australia has Trustee and Guardian legislation, and in New South Wales it is the NSW Trustee and Guardian Act 2009. The legislation ensures that the NSW Trustee and Guardian department operates within the legal framework, ensuring that they provide customer-centred services and protect people at critical moments in their lives.

3. What Is The NSW Trustee And Guardianship Act 2009?

The NSW Trustee and Guardianship Act 2009 contains the legislation that defines the general functions of the NSW Trustee. It explains what services they may provide, such as executor, administrator or attorney, and instances when the NSW Trustee may be appointed. The legislation also contains the orders for; the management of estates of managed persons, financial investments and general matters.

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