NSW Trustee & Guardian's role

We provide support, direction and authority to private managers under the NSW Trustee and Guardian Act 2009. In this role, we have two clients:

  1. the private manager
  2. the person with a disability whose affairs have been placed under management.

The authorisation and direction of private managers' obligations and duties is achieved in a number of ways. This role is based on the fundamental requirement that those appointed as private managers understand the role of a manager, and can undertake the obligations and duties of a manager without further significant assistance.

We have the following major functions:

  • Issuing ‘Directions and Authorities’ to provide the private manager with appropriate powers to administer the financial affairs. These are tailored to suit the individual circumstances of the managed person as they change over time.
  • Determining and setting security to protect the managed person's interests.
  • Determining the format of annual accounts, taking into consideration the complexity of the financial affairs and examining those accounts to ensure the proper performance of the manager's duties.
  • Seeking a report from an Authorised Visitor or other professionals about the managed person's needs.
  • Releasing funds held or secured by NSW Trustee & Guardian to meet the needs of the managed person.
  • Authorising the implementation of investments and the purchase and/or sale of assets.
  • Providing information about the role and responsibilities of private manager including issuing a handbook outlining the general issues to consider when making a substitute decision.
  • Monitoring the private manager's activities to ensure duties are performed appropriately and within the Authorities, that major deadlines are met and key activities completed.
  • Taking action to have a manager replaced if they do not comply with the directions of NSW Trustee & Guardian.

It is not the role of NSW Trustee & Guardian to interfere with the decision making of the private manager unless the process used is outside the powers provided to the manager, is significantly flawed or the decision made is clearly contrary to the interests of the person with a disability.

We focus on reviewing the private manager's performance against the Directions and Authorities provided and the functions of a private manager as outlined in the NSW Trustee and Guardian Act 2009.

Other than providing a general guide to good processes to be followed, it is inappropriate for NSW Trustee & Guardian to provide step by step support or guidance to private managers in the performance of their duties, particularly in relation to any decision making function.

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