We have considerable experience in managing matters before the Supreme Court Protective Division.
MATTERS ARISING UNDER THE NSW TRUSTEE AND GUARDIAN 2009 or GUARDIANSHIP ACT 1987
In circumstances where a person is incapable of managing his or her affairs, orders can be sought from the Protective Division of the Supreme Court for the appointment of an appropriate financial manager. A proposed manager may be the New South Wales Trustee and Guardian or a licensed trustee company. Otherwise, and subject to a consenting person being appropriately qualified and presenting evidence as to fitness as a proposed manager, he or she may be approved by the court to undertake that role.
Affidavit evidence of at least 2 medical practitioners or other suitable expert must be provided to the Supreme Court to satisfy the court that a person is incapable of managing his or her affairs. On the presentation of satisfactory evidence, the Court may–
(a) declare that the person is incapable of managing his or her affairs and order that the estate of the person be subject to management under this Act, and
(b) by order appoint a suitable person as manager of the estate of the person or commit the management of the estate of the person to the NSW Trustee.
Changing or substituting a financial manager or trustee
In circumstances where relations with the appointed financial manager or trustee breaks down the Supreme Court may set aside or vary any order for the appointment of a manager or guardian or for the allowance of maintenance.