Roles and Responsibilities of a Private Manager

What is my role as a Private Manager?

You have been appointed as a Private Manager and NSW Trustee & Guardian will monitor and support you in this role. There will be times where you will be requested to provide 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 financial affairs you believe will meet the person’s needs and enhance his/her quality of life to NSWTG for approval.

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,
  • financial resources available, and,
  • views of the person and family if possible.

What is involved in being a Private Manager?

Managing the simplest financial affairs 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 financial affairs, especially where assets need to be sold and legal agreements entered into, requires more time commitment, as do financial affairs of persons whose lifestyle, wants and needs change frequently.

If you are finding the role as a Manager overwhelming and too time consuming please contact the Private Management Branch to discuss options available.

What can I spend money on?

The Directions and Authorities document, which the NSW Trustee and Guardian draws up after you have been appointed as a Manager, gives you the authority to spend money for the managed person on:
  • living costs such as food, clothing, housing and medicine
  • costs connected with the managed person's property such as rates, taxes, repairs, maintenance and insurance
  • items which will enhance the managed person's lifestyle – for example, holidays, regular outings
  • fees for professional services such as accountants and solicitors.

What is a conflict of interest?

A conflict of interest occurs when a Manager wants to act in a way that is to their personal benefit, but not necessarily to the benefit of the managed person – for example, wanting to invest some of the managed person's money in a business which the Manager owns. Such conflicts make impartial decision making extremely difficult.

If you believe that a conflict of interest may arise, discuss the situation as soon as possible with your Private Manager Liaison Officer.

What happens to a Power of Attorney when someone is placed under Financial Management?

Any Power of Attorney document related to the managed person is suspended for as long as the Financial Management Order is in place.
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