2015
Contents Introduction... 3 What is a Financial Management Order?... 4 Review of Decisions... 8 How to seek a review or revocation of a financial management order... 9 Fees... 11 Budget... 13 Authorised Visitor... 14 Financial planning and investments... 16 Sale, Purchase or Lease of Property... 17 What is a Self Management S71?... 19 Claims for Past Voluntary Care... 19 Deceased Estates... 20 Have your Say Feedback/ Complaints... 22 Contacts for Further Information... 22 Interpreter Services... 24 This document has been prepared by for general information. Whilst every care has been taken in relation to its accuracy, no warranty is given or implied. Further, recipients should obtain their own independent advice before making any decisions that rely on this information. 2
Introduction An important decision has just been made in your life to involve (NSWTG) in the management of your financial affairs. We would like to welcome you as a client of NSWTG and hope that many of your questions as well as those of your family and other people involved in your life are answered in this handbook. The aim of this handbook is to help you understand who we are and how we will assist you to manage your financial affairs in the best way possible to ensure your financial needs are met. This handbook has been written in plain English and it outlines our role and responsibilities as manager of your financial affairs. NSWTG acknowledges the United Nations (UN) Convention on the Rights of Persons with Disabilities. This convention was ratified by Australia in 2008. The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. NSWTG is working towards applying the general principals of the UN Convention in trustee, financial management and guardianship services. NSWTG is committed to developing practices which reflect the principals of the Convention as part of our services to the NSW community. We hope this handbook will help you to understand that we are here to assist you in managing your short term and long term financial decisions and that we will involve you in significant financial decisions which are made on your behalf. Feedback is always welcome and will assist us in planning future editions. Imelda Dodds CEO 3
What is a Financial Management Order? A Financial Management Order is a legal document made by a court or tribunal that states a person is not capable of making financial decisions. The document appoints another person to be the financial manager to make decisions on behalf of the person. NSW Trustee & Guardian (NSWTG) can be appointed the financial manager if there is no one else willing or able to make decisions. What is the effect of a Financial Management Order? Once a Financial Management Order has been made, NSWTG is appointed to manage all or part of a client s estate. An estate comprises all assets including cash, shares, bonds and real estate. NSWTG s authority is outlined in the NSW Trustee and Guardian Act 2009. What happens after an order is made? When a Financial Management Order is received from the Court or Tribunal the management of a client s estate is given to a Client Service Officer in the Intake Team. The Client Service Officer will make contact with the client, their family, neighbours and support workers as appropriate. After gathering all the relevant information, NSWTG staff will then make substitute decisions on behalf of the client. The client s financial affairs will remain with the Intake Team until the matter is clearly set up and ready for release into one of our branches. The client s address will determine which one of our branches will undertake ongoing management of the matter. The Client Service Officers in the branch will then be responsible for day to day management of the client s estate making substitute decisions in the client s overall best interests. What is a substitute decision? A substitute decision is a legal decision made by an appointed person on behalf of someone else. The legal effect of a substitute decision is the same as if the person had made the decision themselves. NSWTG makes substitute decisions in the client s best interests. NSWTG staff take into consideration the financial reasons for making a substitute decision and include promoting a client s independence, increasing their quality of life and strengthening their relationships with friends, family and the community. Receiving information The Intake Team will ask for information to help NSWTG make substitute decisions. This information may be provided from the client, their family, close friends and guardians. It will help us work out the client s financial situation. The Intake Team will usually: write to the client to introduce NSWTG and its role contact the client s financial institutions for account information contact pension authority confirm details of all assets and income request copies of any insurance policies 4
confirm taxation issues identify any debts to be paid develop a budget set up automatic payments ensure all income is received on behalf of the client consider the level of assistance the client requires to manage their bank account and their finances. The following section describes substitute decisions in more detail. 5
What are Substitute Decisions? A substitute decision means a decision made on behalf of a client under a Financial Management Order. Substitute decision making policy In making substitute decisions for clients, (NSWTG) staff must adhere to the principles set out in section 39 of the NSW Trustee and Guardian Act 2009 and the Applications of Principles set out in the Disability Services Act 1993 (NSW). NSWTG staff also make substitute decisions in accordance with Decision Making Policy. Outlined below are the general principles under section 39 of the NSW Trustee and Guardian Act 2009 (a) The welfare and interests of people with impaired decision making ability should be given paramount consideration (b) Their freedom of decision and freedom of action should be restricted as little as possible (c) They should be encouraged, as far as possible, to live a normal life in the community (d) Their views should be taken into consideration (e) The importance of preserving family relationships and cultural and linguistic environments should be recognised (f) They should be encouraged, as far as possible, to be self-reliant in matters relating to their personal, domestic and financial affairs (g) They should be protected from neglect, abuse and exploitation (h) The community should be encouraged to apply and promote these principles NSWTG staff are required to consider certain information about their clients when making substitute decisions. These are the clients : 1. wishes 2. immediate and long term needs 3. financial resources 4. requests, plans and objectives from their family, close friends or guardian 5. previous, current and desired lifestyle 6. family commitments or obligations 7. previous arrangements 8. rights and views of probable beneficiaries after their death. What are the reasons for substitute decisions? Reasons for substitute decisions are a written record of why a substitute decision was made. They include a statement of the facts the substitute decision was based on and why a particular course of action was chosen over any other alternatives. When are reasons for substitute decisions provided? As NSWTG makes thousands of decisions each year, it is not possible to provide a formal document for each decision. Because of this, NSWTG defines certain substitute decisions 6
as significant decisions. NSWTG prepares reasons for significant decisions and informs the client, their family, close friends or guardian of the significant decision and authority to make that decision in writing. What is a significant decision? NSWTG has defined significant decisions to be decisions about: real estate sales, leasing and purchasing the change in status of an asset e.g. selling shares, collecting bank accounts legal issues dispute or conflict legal issues requests for expenditure from nursing homes, group homes or other large residential centres matters which require approval from someone with more authority than the allocated officer commercial issues such as a sole trader, partnership or company interests. Why provide reasons for significant decisions? NSWTG believes it is important to provide reasons for significant decisions in order to: ensure clients and their family, close friends or guardian know why a substitute decision has been made show that we respect a client s need to understand why a decision was made promote accountability, consistency, transparency and fairness in decision making promote the rights of clients to receive information about themselves and the services they receive. Financial projection In order for a significant decision to be approved, a full financial projection of the possible impact must be organised. A financial projection will identify how the significant substitute decision will affect the client s financial situation by taking into account the client s income and expenditure of the medium to long term. Review of substitute decisions NSWTG will clearly explain the reasoning behind substitute decisions. There are occasions where the Supreme Court may make decisions regarding a person s estate. Determinations made by the legal system are excluded from the substitute decision making process. NSWTG understand that clients and their family, close friends or guardians don t always agree with substitute decisions that are made and may want the decision reviewed. If you are unhappy about a decision, NSWTG has a review of decision process. 7
Review of Decisions Internal review If you disagree with a decision made by (NSWTG) you can ask a manager to informally review advice in writing. However, some decisions such as significant decisions may be reviewed under a more formal process. In these situations you must first ask for what is known as an internal review. This should be done in writing and within 28 days of being told of NSWTG s decision. That review will be done by a senior person at NSWTG who was not involved in the initial decision. That person will write to you within 21 days explaining the result of their review. Step 1 To organise an internal review please write to: Manager, Quality Service and Community Relations Locked Bag 5115 Parramatta NSW 2132 In your letter please request a Review of Decision. It is helpful to outline why you think the decision is not in the person s best interests. Step 2 If you are not satisfied with the result of that decision you can ask the Administrative and Equal Opportunity Division, NCAT formally known as Administrative Decisions Tribunal (ADT), to review the decision. This must be done within 28 days from the date the internal review was completed. The Administrative and Equal Opportunity Division, NCAT can only review certain decisions made by NSWTG. Review by Administrative and Equal Opportunity Division, NCAT of decisions by. An application may be made to the Administrative and Equal Opportunity Division, NCAT for a review of a decision made by NSWTG. An application to the Administrative and Equal Opportunity Division, NCAT is not available where the decision by NSWTG was made in accordance with a direction given by the Supreme Court to NSWTG. Who can apply to have the decision reviewed by the Administrative and Equal Opportunity Division, NCAT? In the case of clients whose financial affairs are directly managed by NSWTG, an application to the Administrative and Equal Opportunity Division, NCAT to review a decision may be made by: the managed person in respect of whose financial affairs the decision was made the spouse of the protected person any other person whose interests are, in the opinion of the ADT, adversely affected by the decision. 8
How to seek a review or revocation of a financial management order Who do I contact? If a client or other interested person wants to have a Financial Management Order reviewed or have (NSWTG) removed as financial manager, they need to consult with the organisation that issued the Financial Management Order. This may be the Supreme Court (Equity Division Protective), Guardianship Division, NCAT or Mental Health Review Tribunal. Please feel free to contact NSWTG if you have any questions regarding reviews of management. Contact details Contact should be made with the Court or relevant Tribunal to discuss this matter before making an application. Supreme Court of NSW Deputy Registrar Equity Division Protective Queens Square Sydney NSW 2000 Phone: (02) 9230 8111 Guardianship Division, NSW Civil and Administrative Tribunal (formerly known as Guardianship Tribunal) Registrar Locked Bag 9 Balmain NSW 2041 Phone: 1300 006 228 www.ncat.nsw.gov.au Mental Health Review Tribunal Registrar PO Box 2019 Boronia Park NSW 2111 Phone: (02) 9816 5955 Free Call: 1800 815 511 www.mhrt.nsw.gov.au What information do you need to provide? If a client wishes to remove NSWTG as the financial manager of their finances they will need evidence from an appropriate professional such as a medical practitioner, psychologist, or social worker who can show that the client is capable of managing their own financial affairs. Clients are required to complete application forms and participate in the review process. Can someone else take over the management of an estate? In some circumstances a client or other interested person may ask the Supreme Court or Guardianship Division, NCAT to appoint someone other than NSWTG as the financial 9
manager. The Mental Health Review Tribunal is unable to appoint someone other than NSWTG as the financial manager. 10
Fees NSW Trustee and Guardian Regulations 2008 sets out the fees (NSWTG) can charge. NSWTG s management fees do not attract any GST liability because they are included in the exemptions nominated in A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2011 (No.1) (Treasurer s Determination). Establishment fee The establishment fee is a fee payable for the first 12 months of financial management services in addition to the management fee. The establishment fee covers initial file set up and investigation costs with a fee payable of 1% on chargeable assets (capped at $3,300). Management fee The management fee is a percentage of the total value of the estate NSWTG is managing (excluding the client s principal place of residence). The vast majority of services provided by NSWTG including payment of bills, the preparation of a financial plan, and most income tax returns for clients whose finances are managed by NSWTG are covered by the annual management fee. The fees are calculated daily and deducted at the end of each month. The fee of 1.1% is payable on chargeable assets capped at a maximum of $15,000 p.a. Investment fee The investment fee is a percentage of the total amount invested in NSWTG s investment funds. The fees are calculated daily and deducted at the end of each month. For the management of an investment for a person in a NSWTG investment fund, NSWTG charges 0.5% of the value of the investment each year. The fee is deducted from the fund each month and not charged directly to clients. NSWTG may also charge the additional fees set out in NSW Trustee and Guardian Regulations 2008 for other services provided to a client. Summary of NSWTG management fees Establishment fee 1% of chargeable assets capped at $3,300 Annual management fee 1.1% (capped at $15,000) Investment fee 0.5% of the value of the fund 11
Fee case studies Case Study 1 Anne has pension only and little spare cash Anne is a new client whose only income is a Disability Support Pension and she has $500 in her trust account at NSWTG throughout the first year. The fee payable by Anne in the first year of management would be: $500 x 1.0% = $5.00 (establishment fee) $500 x 1.1% = $5.50 (management fee) $500 x 0.5% = $2.50 (investment fee) This gives a total of $13.00 or about $1.09 per month. For every year after the first year, if Anne s assets remain the same, the fee payable by her would be: $500 x 1.1% = $5.50 (management fee) $500 x 0.5% = $2.50 (investment fee) This gives a total of $8.00 or about $0.67 per month. The fees are calculated daily and deducted at the end of each month. Case Study 2 Bill owns his own home, has an investment property and other assets Bill is a new client under a Financial Management Order with NSWTG. He owns his own home valued at $600,000; has $850,000 in NSW trust account; and owns an investment property valued at $280,000. These assets remain the same throughout the first year of the financial management order. The total assets upon which Bill would pay a fee would be $850,000 + $280,000 = $1,130,000 (the value of the client s home is not included). The fee payable by Bill in the first year of management would be: Establishment fee $1,130,000 x 1.0% capped at $3,300 Management fee $1,130,000 x 1.1% $12,430.00 Investment fee $850,000 x 0.5% = $4,250 This gives a total of $19,980 or about $1,665 per month. For every year after the first year, if Bill s assets remained the same, the fee payable by him would be: Management fee $1,130,000 x 1.1% = $12,430 (capped at $15,000) Investment fee $850,000 x 0.5% = $4,250 This gives a total of $16,680 or about $1,390 per month. The $15,000 cap on management fees will affect clients with a combined total of over $1,364,000 (this can be made up of cash, investments or other assets). 12
Budget What is a budget? A budget is a plan for day to day money for the year used to pay fixed expenses from a client s income that must be paid e.g. rent, electricity and telephone. After all fixed expenses are paid the money remaining can be used to meet a client s other expenses such as personal allowances, clothing and entertainment expenses for next year. It is important to remember that a person s expenses must be met from the yearly income, and not rely on any savings or asset capital if possible. Every person s financial circumstances are different. Some clients have limited savings, whilst other clients can have substantial savings, assets and complex estates. A key part of NSW Trustee the role of (NSWTG), as financial manager, is to ensure that a client s financial affairs are managed in their best interests. This includes ensuring that funds are available to meet planned and unplanned expenses, as they arise, during the period of financial management. A budget helps NSWTG provide clients effective financial management services. When is a budget developed and reviewed? A budget is prepared for all NSWTG clients on an annual basis coinciding with the anniversary date when the Financial Management Order was made. When preparing a budget, consideration needs to be given to provide for any expected and possibly unexpected expenses during a 12 month period. Expenses can include a yearly provision for including, for example, outings or holidays subject to affordability. If a client s circumstances change unexpectedly, the budget can be reviewed. Who is involved preparing my budget? When preparing your budget a Client Service Officer will make contact with you, your family and support workers as appropriate, seeking your views by letter or by phone. If you do not respond, NSWTG will rely on expenditure of the last 12 months to plan your budget for the next year. After gathering all the relevant information, NSWTG staff will prepare your budget for approval. Once your budget is approved a letter will be sent to you explaining your planned income and expenses for the year. NSWTG encourages you to be involved in preparing your budget for the year. What happens if I want to spend some of my savings/capital? When a person becomes subject to a Financial Management Order, financial assets are secured and protected on the person s behalf. Any request to access or spend savings/capital is carefully considered. NSWTG has specialist staff and financial planners review expenditure requests to establish if the request is affordable in the short and long term. Every client s circumstances are different and requests are considered based on the individual overall estate financial position. 13
Authorised Visitor (NSWTG) recognises the right of its clients to substitute decision making which is based not only on best practice financial management principles but also in each case on a sound knowledge of the person, their wishes, their circumstances, needs and the nature of their disability. NSWTG s Disability Advisory Service (DAS) supports the NSWTG substitute decision making role by providing relevant expert disability advice through assessment, direct intervention and advocacy so that the client s wishes and disability related needs, and their access to services and entitlements are addressed in the context of their financial resources. DAS includes both the panel of external independent professionals (Authorised Visitors) and an in-house team of Disability Advisors which provides advice to NSWTG and administers the Authorised Visitor service outlined below. What is an Authorised Visitor? In certain circumstances the appointment of an Authorised Visitor may need to be considered. The appointment of an Authorised Visitor is to assist in planning and decision making for the client. The Authorised Visitor is independent of NSWTG. This enables them to make recommendations they deem necessary and to report on any area of concern. NSWTG has a panel of appropriately qualified and experienced professionals from which NSWTG appoints Authorised Visitors. An Authorised Visitor is a social worker, psychologist, medical practitioner, occupational therapist or similar professional who is experienced in providing services to people with decision making disabilities. These professionals must not only be qualified but also be working with people with disabilities to be eligible to be appointed. The NSW Trustee and Guardian Act 2009 section 123 allows NSWTG to appoint an Authorised Visitor to visit and report on the needs of a client where required. Objectives of an Authorised Visitor The objectives of an Authorised Visitor are to provide NSWTG with: a comprehensive assessment of the client s living environment, quality of life, social interactions, health status and needs an understanding of the client and where relevant their family s views about management of their estate, their needs and wishes and any particular decision under consideration a professional opinion on which NSWTG staff can base decisions or to inform Private Management Branch officers in their role of authorising and directing Managers recommendations which address unmet needs, enhance quality of life, within available financial resources, and identify any issues for individual advocacy. 14
Authorised Visitor fees There is a fee charged for these visits, the associated report writing, plus travel costs. The fee for the visit is paid for directly by the client. Release of Authorised Visitor Reports Authorised Visitor Reports are confidential documents prepared for NSWTG. Requests for release will be considered under certain circumstances. Questions, complaints and feedback The Authorised Visitor function is managed by the Disability Advisory Service at NSWTG. Any questions, feedback or complaints about Authorised Visitors should be directed to: The Disability Advisory Service on (02) 8688 2600. 15
Financial planning and investments NSWTG Financial Planning Branch The NSWTG Financial Planning Branch prepares a Statement of Advice (SOA) for the investment of client s funds based on the client s situation and circumstances to ensure their needs are met over the short and long term. The NSWTG Financial Planning Branch operates in compliance with the Australian & Securities Investment Commission (ASIC) and the Financial Planning Association of Australia s best practice. Statement of Advice (Financial Plan) A Statement of Advice (Financial Plan) is developed after consultation with the client, their family, close friends or guardian. An investment strategy is determined based on understanding each client s situation, needs and aspirations for the short and long term to provide them with the best quality of life available from their available financial resources (income and investments). Annual reviews An annual review is undertaken each year to ensure that the client s Financial Plan remains appropriate for their situation and continues to meet the client s needs. Investments The development of a financial plan takes into consideration, cash flow, liquidity, flexibility and investment risk, potential income and capital growth and the client s taxation position and eligibility for government payments. Investment risk is managed by diversifying the client s funds across the major asset classes of cash, fixed interest, property and shares. NSWTG Investment Funds: Cash, Cash Plus, Australian Fixed Interest, International Bonds, Property Securities, Australian and International Share Funds. Superannuation and pension strategies are also considered due to the taxation and government payment benefits they can provide. Broken interest rate Where a client ceases to be under the financial management of NSWTG and all funds are withdrawn, NSWTG will pay interest on those funds from the date of the previous interest distribution to the date of withdrawal. This interest rate is called the broken interest rate and is an estimate of the interest rate which would be paid at the next distribution. To purchase real estate, will organise and sign a contract and transfer documents on their client s behalf. 16
Sale, Purchase or Lease of Property Sale or leasing of real estate If a client is in a position where they own real estate, decisions may have to be made regarding the sale, purchase or lease of real estate to meet a client s financial needs. (NSWTG) takes into account many issues when making this decision. Wherever possible, NSWTG will maintain and preserve a client s assets. The sale or lease of a client s property will occur if the client is financially dependent on the sale/lease, or if the property costs too much to keep. Insurance An important responsibility of NSWTG as a financial manager is to ensure that a client s assets are protected, in particular a property. If a property is insured NSWTG needs to be provided with details of any current house and contents policy, including name of insurance company, policy number and amount insured. Ideally, a copy of the policy document can be provided to NSWTG. The details will remain on file and enable the policy to be renewed by NSWTG prior to expiry of the policy. If the property is not insured please confirm and NSWTG will undertake to insure the property on the client s behalf. Alternatively, if any current insurance policy cannot be confirmed NSWTG will organise for a new insurance policy to be purchased. Financial projection In order for the sale, purchase or lease of a property to be approved a financial projection must be organised. A financial projection will identify how the sale, purchase or lease of a property will affect the remainder of a client s finances by taking into account the income and expenditure of the estate over the medium to long term. Sale or lease of real estate If sale or lease of a property is being considered NSWTG will appoint a real estate agent to provide a sales and leasing report to assist NSWTG to determine what is best for the client. A licensed real estate agent will be appointed to act should a sale or lease proceed. NSWTG is the only legal authority who can engage agents or solicitors, negotiate or execute documents on a client s behalf. Purchase of real estate A property is usually purchased to provide accommodation for a client or someone dependent on them. Sometimes, a property can be purchased as an investment for the client if this is in the client s best financial interests. 17
If the purchase of real estate is being considered, NSWTG will complete the following: NSWTG will ensure building and pest inspection reports are completed. These reports provide information about whether the property structure is sound, if repairs are required and what cost may be associated with modifying the property if needed. Depending on the client s circumstances it may be important to seek the advice of relevant disability professionals about modifications to the property or its general suitability. This will be provided by either an in-house Disability Advisor or, if there are specific questions about access or modifications, an Occupational Therapist or the appropriate allied health professional. Organise and sign all contract and transfer documents on the client s behalf. The Certificate of Title will record the client s name as the owner of the real estate. The Certificate will be retained by NSWTG in safe custody. Arrange all necessary insurance. Valuation NSWTG uses a registered valuer to provide professional valuations of properties to assist with the sale or purchase of a property asset. Appointment of a solicitor A number of law firms have been selected to represent NSWTG clients in matters concerning the sale or purchase of a client s property. NSWTG will suggest a law firm and will instruct the representing solicitor to act on behalf of the client. Decisions in writing The sale, purchase or lease of a property is a significant decision. NSWTG prepares a Reasons for Significant Decision document and informs the client, their family, close friends or guardian as appropriate of the decision to sell, purchase or lease a property in writing. Review of decisions NSWTG will explain the reasoning behind substitute decisions. NSWTG understands that clients and their family, close friends or guardian don t always agree with substitute decisions that are made and want the decision reviewed. If this is the case, NSWTG encourages you to write within 28 days to: Manager, Quality Service and Community Relations Locked Bag 5115 Parramatta NSW 2132 In your letter please state you are requesting a Review of Decision. It is helpful to outline why you think the decision is not in the protected person s best interest. 18
What is a Self Management S71? (NSWTG) has the authority to agree with a client to deal with a specific portion of their financial affairs such as their pension under section 71 of the NSW Trustee and Guardian Act 2009. A section 71 can only be considered where a client has demonstrated skill and ability to deal with aspects of their financial affairs successfully. Advice in writing from case managers or another clinical person involved is required to support the request. How to start the process? A client must be able to demonstrate that they are able to deal with an aspect of their financial affairs independently. If a client wishes to self-manage a portion of their estate independently they need to contact NSWTG to discuss. What happens next? It is important a client discusses their section 71 request with their Client Service Officer and important people in their life such as a case manager, family, and/or service providers. In some cases the Client Service Officer may suggest a trial period to allow the client the experience to deal with an area of their financial affairs again. If a client is successful, the self management section 71 approval is considered for 12 months. In some cases clients are able to go back to the Court or Tribunal to have the Financial Management Order revoked after a successful period working under a section 71 authority. What happens if a client has problems self managing? If a client has difficulties managing with part of their financial affairs approved under section 71 of the NSW Trustee and Guardian Act 2009, please speak to a Client Service Officer as NSWTG may need to review your circumstances. Claims for Past Voluntary Care What is a claim for past voluntary care? Sometimes awards or settlements from a court to a person who has an injury take a long time to process and approve. A claim for past voluntary care means the family member, close friend or guardian who looked after the person with an injury may be eligible to apply for reimbursement once the award or settlement has been approved. If you have any questions about past care claims please contact NSWTG. 19
Deceased Estates The authority of (NSWTG) over a client s finances ceases when the client dies. Generally, the only payments that will then be made from a client s estate are their funeral costs and, in limited circumstances, payments for insuring estate, assets and storage costs. All other accounts are referred to the deceased person s legal representative (executor or administrator of the estate) for their attention. If a client does not have a Will and dies intestate, NSWTG can administer their estate if requested or there is no other appropriate person willing to do so. It is worth noting that NSWTG offers Will making services. Any member of the public is able to make a Will with NSWTG provided they have capacity to make a Will. If a client chooses to use this service, NSWTG is generally appointed the executor of the Will and can administer the estate. A client, while they have capacity to do so, may choose to make a Will with their own solicitor and appoint family members or friends as their executor. Costs and payment When a client subject to a Financial Management Order dies, NSWTG prepares an Assets and Liabilities statement. This statement helps the deceased person s executor to apply for a grant of probate or for a family member or close friend to apply to be administrator of the estate. NSWTG will continue to hold the deceased person s estate in trust until the legal representative provides a certified copy of the grant of probate or grant of letters of administration. They must provide written instructions outlining where the money is to be paid. Payment will be made by cheque made out to the estate of the deceased person. Payment will be authorised within two working days of receiving instructions. Any belongings of the deceased person held by NSWTG will also be released on written instruction from the legal representative who must provide NSWTG with a written receipt. What is the grant of probate or grant of letters of administration? A grant of probate is required when the deceased person has a Will. Granting probate is a process which proves the legality of a Will and gives the executor legal authority to make decisions about an estate. When the deceased does not have a Will this granting of authority is called letters of administration. This process allows the Supreme Court to appoint a person to administer the estate. You should contact a solicitor for legal advice about what may be required. If a deceased person dies intestate (without a Will) and there are no family members involved, NSWTG may be able to administer the estate. If this happens the branch dealing with the estate will contact the next of kin directly. 20
Small estates If the value of the assets managed by NSWTG is less than $10,000, NSWTG may be prepared to pay these assets without the need for a grant of probate or administration (informally). NSWTG will consider this dependent on the circumstances and only if there is no dispute. If you think an estate might fit into these criteria you are encouraged to speak with our Finalisation Team. Contact us Please do not hesitate to contact our Finalisation Team to discuss any questions you may have on 02 8688 2600. A Finalisation Team member cannot provide legal advice. You should seek your own independent legal advice. We make sure that we disclose only the information necessary when sharing information with others. 21
Have your Say Feedback/ Complaints (NSWTG) welcomes feedback from clients and other interested parties. Clients and stakeholders are encouraged, and have a right, to express their views about the organisation and the service it provides. Feedback about the good work completed by NSWTG is always welcome. If you wish to provide feedback about NSWTG you can follow the steps listed below. If you would like to provide feedback you should do the following: Step 1 Contact your Client Service Officer at NSWTG and speak to them about your concerns. If it is about a decision that was made, ask the person to explain why the decision was made. You can request that decision be explained to you in writing. Step 2 If you are still dissatisfied after speaking to your Client Service Officer you can ask to speak to a manager who can discuss your concerns with you. Step 3 If you are still unhappy after Step 2 you can write to to make a formal complaint. The matter will be referred to a senior officer to review and respond, usually within 21 days. Please write to: Manager, Quality Service and Community Relations Locked Bag 5115 Parramatta NSW 2124 If you remain dissatisfied you can contact the NSW Ombudsman on: General Enquiries Phone: 02 9286 1000 Free Call: 1800 451 524 (outside Sydney metro) TTY: 02 9264 8050 Fax: 02 9283 2911 Email: nswombo@ombo.nsw.gov.au Contacts for Further Information Phone: 1300 320 320 TTY: 1800 882 889 Email: tagmail@tag.nsw.gov.au www.tag.nsw.gov.au 22
Guardianship Division, NSW Civil & Administrative Tribunal (NCAT) (formerly known as Guardianship Tribunal) Phone: 1300 006 228 TTY: 02 9552 8534 Email: gt@gt.nsw.gov.au www.ncat.nsw.gov.au NSW Public Guardian Phone: 02 8688 6070 TTY: 1800 882 889 Email: informationsupport@opg.nsw.gov.au www.publicguardian.lawlink.nsw.gov.au The Families and Friends of Missing Persons Unit Phone: 1800 227 772 TTY: (02) 9374 3175 Email: ffmpu@agd.nsw.gov.au www.missingpersons.lawlink.nsw.gov.au Supreme Court of NSW Phone: 1300 679 272 TTY: (02) 9230 8011 Email: supreme_court@courts.nsw.gov.au www.lawlink.nsw.gov.au/sc services Financial Management Services Will Making Power of Attorney Trusts Deceased Estate Administration Contact our friendly/staff for more information on our services. Branches Bankstown Bathurst Broken Hill Chatswood Gosford Hurstville Lismore Liverpool Newcastle Parramatta Port Macquarie Sydney CBD Wagga Wagga Wollongong 23
Interpreter Services If you need an interpreter when dealing with, you can telephone the Translating and Interpreter Service on 131 450 and they will ring the office for you at no cost. 2015 24