A Private Manager is a person who has been appointed by either the Equity Division Protective of the Supreme Court or the NSW Civil & Administrative Tribunal (formerly the Guardianship Tribunal)to manage the financial affairs of a person with a disability. Occasionally more than one individual or a Trustee Company or professional person, such as a solicitor or accountant, is appointed as a Private Manager.
You do not need any formal qualifications or special experience to be a Private 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 a person’s financial affairs
- be prepared to declare any possible conflict of interest and so avoid making financial decisions about the person’s financial affairs 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 NSW Trustee & Guardian
- understand that NSW Trustee and Guardian Act 2009 requires us 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
- be prepared to meet NSW Trustee & Guardian's security requirement by obtaining a Surety Bond for the managed person's estate.
What happens once I am appointed as a Private Manager?
While you may have been formally appointed as Private 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 & Guardian.
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 NSW Trustee & Guardian requires of you. The format of these accounts will be explained to you by our 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 on (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, we will contact you and ask you to:
- provide all relevant information and copies of documents relating to the financial affairs of the person
- provide some form of security to be lodged with NSW Trustee & Guardian, such as title deeds to the person’s property or a sum of money from his/her financial affairs
- keep records of all income and expenditure
- begin to prepare, or have prepared, annual accounts to be lodged for examination by us.