NSW Trustee and Guardian Appointment Quiz
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Questions and Answers

What is one duty of a financial manager acting in a fiduciary capacity?

  • To invest the managed person's estate for personal gain
  • To act in the interests and benefit of the managed person (correct)
  • To avoid all communication with the managed person
  • To make decisions without considering the managed person's wishes

    • A financial manager is allowed to make unauthorized profits from their position.

    False (B)

    What must a financial manager do if they deal with a managed person's property without authority?

    They do so at their own risk.

    The duties of a financial manager include the maintenance, clothing, _____, and care of the managed person.

    <p>medicine</p> Signup and view all the answers

    Match the following responsibilities with their appropriate descriptions.

    <p>Payment of debts = Repayment of expenses chargeable to the estate Funeral expenses = Costs incurred upon the person's death Maintenance of dependants = Support for spouse, child, or other dependants Management of estate = Handling of sales, mortgages, and care for the estate</p> Signup and view all the answers

    What is the primary role of the NSW Trustee and Guardian (NSWTG)?

    <p>To manage financial affairs for individuals who cannot (B)</p> Signup and view all the answers

    NSWTG actively seeks to be appointed as a financial manager.

    <p>False (B)</p> Signup and view all the answers

    What is the current number of people who have NSWTG as their financial manager as of June 2021?

    <p>12,494</p> Signup and view all the answers

    NSWTG is an entirely ______ entity from the NSW Civil and Administrative Tribunal.

    <p>separate</p> Signup and view all the answers

    Match the following roles with their descriptions:

    <p>NSW Trustee and Guardian = Financial manager of last resort NSW Civil and Administrative Tribunal = Judicial body making orders Public Guardian = Responsible for personal decision-making Private Manager = Supervised financial manager for individuals</p> Signup and view all the answers

    What percentage increase in customers has NSWTG experienced in the last decade by June 2021?

    <p>27% (C)</p> Signup and view all the answers

    NSWTG has the same powers and functions regarding an entire estate as NCAT.

    <p>False (B)</p> Signup and view all the answers

    Define a financial manager in the context of NSWTG.

    <p>A person or organization legally appointed to make substitute financial and legal decisions for someone who cannot.</p> Signup and view all the answers

    What is the primary focus of the jurisdiction of the Court regarding incapacitated persons?

    <p>Capacity to perform functions (D)</p> Signup and view all the answers

    The Mental Health Review Tribunal can appoint managers for a person's estate without any requirements.

    <p>False (B)</p> Signup and view all the answers

    What must NCAT require to revoke its orders?

    <p>Supporting evidence</p> Signup and view all the answers

    The NSW Trustee and Guardian must consider the ______ of the person in matters related to their property.

    <p>welfare and interest</p> Signup and view all the answers

    Match the principles of the NSW Trustee and Guardian Act with their descriptions:

    <p>Welfare and interest should be paramount = Focus on the best interests of the individual Freedom of decision and action should be minimal = Restrict freedoms as little as possible Encouragement of normal community living = Support for integration into society Preservation of family relationships = Recognition of cultural ties and family support</p> Signup and view all the answers

    Which statement describes the powers of the NSW Trustee once appointed?

    <p>They have all the powers related to the person's property and affairs. (C)</p> Signup and view all the answers

    Who can make an application for financial management?

    <p>Any interested party with genuine concern (D)</p> Signup and view all the answers

    A person can be encouraged to be self-reliant in financial matters according to the NSW Trustee and Guardian guidelines.

    <p>True (A)</p> Signup and view all the answers

    NSW Trustee and Guardian can be appointed any time a person cannot manage their financial affairs.

    <p>False (B)</p> Signup and view all the answers

    What is required for the NSW Supreme Court to revoke court orders?

    <p>Supporting evidence and a solicitor</p> Signup and view all the answers

    What is the main focus for the Court or Tribunal when assessing a person's capacity to manage their affairs?

    <p>Whether the person can deal with their affairs in a reasonable, rational and orderly way, considering their wants and needs without risk of neglect, abuse or exploitation.</p> Signup and view all the answers

    An order for financial management is most commonly made by _____ (NCAT, courts, or tribunals).

    <p>NCAT</p> Signup and view all the answers

    Match the following roles with their responsibilities:

    <p>NSW Trustee and Guardian = Independent statutory financial manager Private manager = Acts under the supervision of NSW Trustee NCAT = Makes financial management orders Supreme Court = Also has the power to appoint financial managers</p> Signup and view all the answers

    What are the three criteria considered when making a financial management order?

    <p>Person not capable of managing affairs, need for another person to manage, best interests of the person (C)</p> Signup and view all the answers

    The powers of the Tribunal to make financial management orders are outlined in the Guardianship Act 1987.

    <p>True (A)</p> Signup and view all the answers

    What indicates that a person is 'not capable of managing those affairs'?

    <p>An objective test takes into account their capacity over time, including the foreseeable future.</p> Signup and view all the answers

    What is one of the main considerations for determining a person's capacity to manage their affairs?

    <p>The support systems available to the person (C)</p> Signup and view all the answers

    A Tribunal is bound by strict rules of evidence in NCAT proceedings.

    <p>False (B)</p> Signup and view all the answers

    In what circumstances can the NSW Supreme Court appoint a manager for a person's estate?

    <p>When the person is incapable of managing their own affairs.</p> Signup and view all the answers

    In assessing a person's capacity, it is important to determine if they can make __________ judgments about their welfare and interests.

    <p>sound</p> Signup and view all the answers

    What is the main focus for the Court or Tribunal when assessing capacity to manage affairs?

    <p>Whether the person can deal with their affairs in a reasonable, rational and orderly way (A)</p> Signup and view all the answers

    The term 'parens patriae' refers to the Supreme Court's obligation to care for those who cannot care for themselves.

    <p>True (A)</p> Signup and view all the answers

    What must NCAT find alongside incapacity to grant a Financial Management Order?

    <p>There is a need for such an order in the person's best interests.</p> Signup and view all the answers

    Match the following legal terms with their descriptions:

    <p>NCAT = Tribunal of enquiry not bound by strict evidence Parens patriae = Legal doctrine for caring for those who cannot care for themselves Financial Management Order = Order to manage the finances of an incapacitated person NSW Trustee and Guardian Act = Legislation that governs protective jurisdiction</p> Signup and view all the answers

    Study Notes

    NSW Trustee and Guardian (NSWTG) Appointment

    • NSWTG is appointed by a court or tribunal as a substitute decision-maker for individuals unable to manage their financial affairs.
    • NSWTG decisions have the same legal effect as if the person had made them themselves.
    • NSWTG acts as a delegate of the NSW Trustee, and its authority comes from court and tribunal decisions.
    • NSWTG is a separate entity from the NSW Civil and Administrative Tribunal (NCAT).
    • NSWTG and the Public Guardian have separate powers and functions, even though they are part of the same agency.
    • NSWTG is the financial manager of last resort and doesn't actively seek appointments.

    Financial Manager Responsibilities

    • NSWTG orders can cover the entire estate, or may be limited (e.g., excluding pension funds) to allow individuals some independence.
    • The focus is ensuring the managed person's affairs are managed reasonably, rationally, and orderly, considering present and future needs, without risk of neglect or exploitation.
    • NCAT orders are common for financial management, and may involve applications from interested parties or reviews of powers of attorney.

    NSW Supreme Court Orders

    • The NSW Supreme Court has powers to appoint managers for individuals incapable of managing their affairs, using its inherent parens patriae jurisdiction.
    • The court may act on its own motion if there are issues preventing a case progressing.

    Mental Health Review Tribunal Orders

    • The Tribunal can make orders for estate management, if it's determined the person is incapable of handling their own affairs.

    Revocation of Orders

    • NCAT and the NSW Supreme Court can revoke orders under specific conditions and require supporting evidence.

    NSWTG as Financial Manager

    • NSWTG has all the powers and functions of the managed person concerning their property and affairs (NSW Trustee and Guardian Act 2009).
    • NSWTG management principles prioritize the managed person's welfare.
    • Management restricts freedom of action to the least possible extent while maintaining their ability to live a normal life.
    • NSWTG must consider relationships, linguistic, cultural factors, personal, domestic and financial matters.

    Important Sections of the Act

    • Section 16: Covers NSW Trustee's broad powers related to property and other matters
    • Section 40: Allows for management orders on a portion rather than the whole estate.
    • Section 57: Explains that NSW Trustee has all the functions of the managed person.
    • Section 58: Allows the execution of documents as a managed person.
    • Section 59: Covers how money is applied by the NSW Trustee for managing estates.
    • Section 61: Describes directions the Supreme Court can provide regarding decisions.
    • Section 62: Describes the administrative review process under NCAT.
    • Section 71: Outlines when a managed person can/cannot deal with their estate.
    • Section 72: Explains the consultation process when NSW Trustee takes action.
    • Section 76: Covers gifts that NSWTG can give.
    • 80: Describes instances for managers to get a copy of a will
    • 83: Addresses the protection of beneficiaries' interests when property is transferred.
    • 84: Provides insights into power of attorney and gift-giving limitations under management.

    Financial Managers' Fiduciary Duties

    • Financial managers have a fiduciary duty, which means they must act in the managed person's best interests and avoid conflicts of interest.

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    Related Documents

    NSW Trustee and Guardian Appointment Procedures PDF

    Description

    Test your understanding of the roles and responsibilities of the NSW Trustee and Guardian (NSWTG) as a substitute decision-maker. This quiz covers how NSWTG operates under court appointments and their legal authority. Challenge yourself on the financial management concepts associated with NSWTG.

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