Roles and responsibilities of a private manager

What is my role as a private manager?

When you are appointed as a private manager, NSW Trustee & Guardian will monitor and support you in this role. There will be times where you will be asked to provide reports to determine whether the managed person’s needs are being met as the court or tribunal intended.

You will be provided with authority to act as private manager using the 'Directions and Authorities' document. This document will guide private managers and oversee the performance of their obligations and duties. NSW Trustee & Guardian will only step in if a private manager acts outside those powers or the decision made is significantly flawed or against the best interests of the managed person.

Private managers are also required to submit a Private Manager’s Plan, which can be downloaded from the Private Management Forms page, or obtained by contacting your client service team. The completed plan provides NSW Trustee & Guardian with a full picture of the managed person’s estate including forecast income and expenditure.

Further information is available from the Private Manager's Handbook, and the fact sheet Responsibilities of a Private Manager. Both of these publications can be downloaded from the Fact Sheets page or requested from your client service team.

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 your Client Service Team to discuss options available.

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 private 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 Client Service Team.

What can I spend money on?

The Directions and Authorities document 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, e.g. holidays, regular outings
  • fees for professional services, e.g. accountants and solicitors.

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.
Image representing New South Wales Trustee & Guardian branch locations

Our Locations

Find your closest branch
Plan Ahead Day Icon

Plan Ahead Days

Book to make a Will or Power of Attorney in your area.