Our Wills & Estates lawyers have successfully helped a client to have the NSW Supreme Court appoint her as her mother’s Financial Manager instead of the NSW Trustee & Guardian – saving her and her mother time and money.
How do you usually change an Attorney or Finance Manager in NSW?
Normally, if you want to make an application to have an Attorney or Financial Manager changed, you apply to the NSW Civil and Administrative Tribunal, Guardianship Division.
The Tribunal has authority to review the appointment of attorneys under a Power of Attorney document, the authority to appoint a Financial Manager to manage the financial affairs of a person who does not have capacity to manage their own finances, and the authority to appoint a new Financial Manager.
The application and hearing process is relatively quick, easy and inexpensive. You do not need to be legally represented, although you might like to get legal advice when preparing your application or seek permission from the Tribunal to have a lawyer represent you.
The first step is for the Tribunal to determine whether the person is capable of managing their own affairs.
For more information on that process visit the NSW Civil and Administrative Tribunal website here.
It is not only the NSW Tribunal that can determine when a person is no longer capable of managing their own affairs. The NSW Supreme Court can also declare a person incapable and, if so, appoint a suitable person as Financial Manager of that person’s estate.
That is what happened in our client’s case.
Our client’s story
In 1992, our client’s mother was diagnosed with schizo-effective disorder and it was determined that she lacked the capacity to manage her own financial affairs. Our client was only 10 at the time and her mother’s only child. The NSW Supreme Court made a protective order appointing the NSW Trustee & Guardian as her mother’s Financial Manager.
For the last 15 years, our client has been her mother’s primary carer, managing all her mother’s financial affairs, under the direction of the NSW Trustee & Guardian.
Our client believed it would be more efficient and cheaper if she was appointed as her mother’s Financial Manager. The NSW Trustee & Guardian charges fees for its services.
Unfortunately, because the NSW Supreme Court appointed the Financial Manager, only that Court could amend those orders. Our client could not apply to the NSW Tribunal.
How our Wills & Estates lawyers got a successful outcome
Our firm made an application to the NSW Supreme Court to remove the NSW Trustee & Guardian as Financial Manager and appoint our client instead. This involved producing relevant evidence from two medical practitioners who had treated the mother and two character witnesses for our client, as well as preparing a financial plan for the mother.
Our client’s application was successful. She can now continue to manage her mother’s finances without needing the consent of the NSW Trustee & Guardian at every stage. It is also a good outcome for her mother who will no longer be required to pay the fees of the NSW Trustee & Guardian.
Need help with appointing a financial manager or other guardianship matters in NSW?
Our Wills & Estates team can assist you in applying for the appointment of a Financial Manager, at the NSW Civil and Administrative Tribunal or NSW Supreme Court. To confidentially discuss your needs call us on 1800 874 949 or fill in the form below, and we will be in touch.
