Division 1Division 1 Making of financial management orders
In this Part:financial management order means an order referred to in section 25E, and includes an interim financial management order.
protected person means a person whose estate (or part of whose estate) is subject to a financial management order that is in force.
25E Tribunal may make financial management orders
(1) The Tribunal may, in accordance with this Part, order that the estate of a person be subject to management under the NSW Trustee and Guardian Act 2009.(2) The Tribunal may exclude a specified part of the estate from the financial management order.(3) (Repealed)
25F When financial management order may be made
The Tribunal may make a financial management order subject to and in accordance with this Part:(a) in connection with its making a guardianship order under Part 3 in respect of the person concerned, or(b) following (or in the course of) proceedings under Part 3 in respect of the person, being proceedings in which it decided not to make a guardianship order, or(c) if an application for such an order has been made to it under section 25I in respect of the person (whether or not an application for a guardianship order has also been made in respect of the person), or(d) following (or in the course of) proceedings under section 36 of the Powers of Attorney Act 2003 in respect of an enduring power of attorney given by the person, being proceedings in which it has decided not to make an order under that section.
25G Grounds for making financial management order
The Tribunal may make a financial management order in respect of a person only if the Tribunal has considered the person’s capability to manage his or her own affairs and is satisfied that:(a) the person is not capable of managing those affairs, and(b) there is a need for another person to manage those affairs on the person’s behalf, and(c) it is in the person’s best interests that the order be made.
25H Interim financial management orders
(1) Despite section 25G, the Tribunal may, in relation to any proceedings before it under Part 3 or this Part (including proceedings arising out of the operation of section 6K (3) or section 37 (1) of the Powers of Attorney Act 2003), make a financial management order for a specified period not exceeding 6 months (an interim financial management order), pending the Tribunal’s further consideration of the capability of the person to whom the order relates to manage his or her own affairs.(2) An interim financial management order may be made only in respect of a person:(a) who is under guardianship, or(b) who is the subject of an application under Part 3 or this Part.(3) If the further consideration of the capability of the person to whom the interim financial order relates to manage his or her own affairs is not completed before the expiry of the period specified in the order, the order is taken to be revoked on that expiry.
25I Application to Tribunal for a financial management order
(1) An application for a financial management order may be made by:(a) the NSW Trustee, or(b) any person who, in the opinion of the Tribunal, has a genuine concern for the welfare of the person who is the subject of the application.(2) An application must specify the grounds on which it is claimed that the person the subject of the application is not capable of managing his or her own affairs.(3) As soon as practicable after making the application, the applicant must cause a copy of the application to be served on each party to the proceedings.(4) Before conducting a hearing into the application, the Tribunal must cause a notice specifying the date on which, and the time and place at which, the Tribunal will conduct the hearing to be served on each party to the proceedings.(5) A failure to serve a copy of an application, or a notice, in accordance with this section does not vitiate a decision of the Tribunal on the application.
(1) A person may be the subject of an application under section 25I whether or not the person has previously been the subject of such an application.(2) The Tribunal may make a financial management order in respect of a person whose capability to manage his or her own affairs has previously been considered by the Tribunal even though there may have been no change in that capability since it was last considered by the Tribunal.
25K Tribunal cannot make financial management order in certain circumstances
(1) The Tribunal does not have jurisdiction to make a financial management order other than an interim financial management order in respect of a person if the question of the person’s capability to manage his or her own affairs is before the Supreme Court.(2) The Tribunal does not have jurisdiction to make any financial management order (including an interim financial management order) in respect of a person if an order made under the NSW Trustee and Guardian Act 2009 or the Mental Health Act 2007 is in force in respect of any part of the person’s estate.
25L Tribunal may refer proceeding to Supreme Court
The Tribunal may, if it considers it appropriate to do so, and with the concurrence of the Supreme Court, refer a proceeding relating to a person’s capability to manage his or her own affairs to that Court.
25M Tribunal may commit estate of protected person to management
(1) If the Tribunal makes a financial management order in respect of the estate (or part of the estate) of a person, the Tribunal may, by order:(a) appoint a suitable person as manager of that estate, or(b) commit the management of that estate to the NSW Trustee.(2) Despite section 68 (1), an order under subsection (1) (a) does not authorise the person appointed as manager to interfere in any way with the estate concerned unless:(a) such directions of the Supreme Court as are relevant to the management of the estate have been obtained, or(b) the NSW Trustee has, under Division 2 of Part 4.5 of the NSW Trustee and Guardian Act 2009, authorised the person to exercise functions in respect of the estate.(3) However, the person appointed as manager may take such action as may be necessary for the protection of the estate (including action specified by the Tribunal) pending the directions of the Court or authorisation by the NSW Trustee.