Part 4.1In this Chapter:estate of a person means the property and affairs of a person and, if only part of the estate of a person is under management under this Chapter, means only that part of the property and affairs of the person.
involuntary patient has the same meaning as it has in the Mental Health Act 2007.
managed missing person means a person in respect of whom an order is in force under Part 4.4 that the person’s estate be subject to management under this Act.
managed person means a protected person, managed missing person or patient whose estate is subject to management under this Act.
manager of an estate means the NSW Trustee, if management of the estate is committed to the NSW Trustee, or any person who is appointed as the manager of the estate of a managed person.
mental health facility has the same meaning as it has in the Mental Health Act 2007.
mental health inquiry means a mental health inquiry under section 34 of the Mental Health Act 2007.
patient has the same meaning as it has in the Mental Health Act 2007.
person under guardianship has the same meaning as it has in Part 3 of the Guardianship Act 1987.
protected person means a person in respect of whom an order is in force under Part 4.2 or 4.3 or the Guardianship Act 1987 that the whole or any part of the person’s estate be subject to management under this Act.
39 General principles applicable to Chapter
It is the duty of everyone exercising functions under this Chapter with respect to protected persons or patients to observe the following principles:(a) the welfare and interests of such persons should be given paramount consideration,(b) the freedom of decision and freedom of action of such persons should be restricted as little as possible,(c) such persons should be encouraged, as far as possible, to live a normal life in the community,(d) the views of such persons in relation to the exercise of those functions should be taken into consideration,(e) the importance of preserving the family relationships and the cultural and linguistic environments of such persons should be recognised,(f) such persons should be encouraged, as far as possible, to be self-reliant in matters relating to their personal, domestic and financial affairs,(g) such persons should be protected from neglect, abuse and exploitation.
40 Orders for management may apply to part of estate
An order may be made under this Chapter for the management of the whole or part of the estate of a person.Note. Orders for the financial management of the estates of persons under guardianship may also be made under Part 3A of the Guardianship Act 1987. Such persons are protected persons for the purposes of this Act.