In the event that you are unable to manage your affairs due to accident, illness, age or disability, and have not prepared an Enduring Power of Attorney (EPA), the Public Trustee can provide assistance with the administration of your financial affairs.
More information:
When You are Unable to Manage Your Affairs Brochure 210.20 Kb
Persons who prepare an EPA effectively make a deed appointing a person of their choice to make decisions on their behalf. These decisions relate to property and financial affairs; health welfare and lifestyle; and medical issues, when you are either unable or unwilling to make them.
In the event that you do not prepare an EPA, and you lose capacity, application may be made to the ACT Civil and Administrative Tribunal (ACAT) to appoint a Manager (for financial and property matters) or a Guardian (for health, welfare and lifestyle matters) or both.
ACAT will preferably appoint a family member or a close friend, who lives in the ACT, to be the Manager or Guardian.
In the event that this is not practicable or possible, ACAT may appoint the Public Trustee to act as Manager. In such appointments the person is called the ‘Protected Person'.
The overriding principle to be observed by ACAT in making such appointments is that person to be protected must have impaired decision-making ability.
When appointed as Manager, the Public Trustee does not make health, welfare or lifestyle decisions. However, some of the decisions made by the Public Trustee may impinge upon these matters.
The Public Trustee will consult with the Protected Person, the family, guardian or carer/s as specified by ACAT, to ensure that available funds and resources are used to benefit the well-being and lifestyle of the Protected Person.
The wishes and best interests of the Protected Person are respected at all times.
The Public Trustee will abide by the agreed National Standards for Financial Management 80.66 Kb. These Standards are an initiative of the Australian Guardianship and Administration Council and follow from and relate closely to the National Standards of Public Guardianship. These standards apply so far as they are not inconsistent with ACT legislation under which financial management orders are made.
The Standards:
The ratification by Australia of the United Nations Convention on the Rights of Persons with Disabilities on 17 July 2008 has informed the development of these standards for financial managers.
The convention promotes, protects and ensures the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The convention defines these rights in each area of life and includes, amongst others, access to justice, freedom of expression, independent life in the community, education, work, standard of living, health care, rehabilitation, and participation in political and public life.
These standards aim to help you achieve these goals to the extent possible within the limitations of the role and responsibilities of a financial manager.
The role of Manager is specified in the Guardianship and Management of Property Act 1991 and covers financial matters, and some legal matters, in relation to the property of the Protected Person.
We will collect and account for the Protected Person's income, including pension entitlements, superannuation, rents, investments, dividends from shares and interest. We also arrange payment of accounts and bills and lodge social security returns and medical benefits claims.
We will budget the collected income, prioritising payment of the Protected Person's bills, which typically include accommodation, personal expenses, rents, rates, property repairs, gas, electricity, medical, hospital or nursing home charges.
The Public Trustee may be required to manage the Protected Person's property, monitor a share portfolio, supervise rental properties and maintain investments.
The Public Trustee will prepare and lodge the Protected Person's income tax returns for a small fee or alternatively instruct an external accountant.
In all cases, the Public Trustee maintains detailed and accurate accounts and will provide an annual statement of account, or more regularly if required.
A Guardian is usually someone concerned for, and in close contact with, the Protected Person, such as an immediate family member or a close friend. The Public Advocate of the ACT may be appointed as Guardian when a suitable person can not be found.
The Guardian and Manager maintain close consultation about the Protected Person's specific needs. As Manager, the Public Trustee will consult with the Guardian or family, to ensure that funds and resources are appropriately utilised to improve the protected person's quality of life.
However, the Manager makes the final decision as to whether the requested expenditure can be afforded.
A Management order may be limited, in which case the Protected Person may make all decisions relating to financial matters not covered by the order.
In any case, the Public Trustee aims to maximise the Protected Person's financial autonomy, particularly in handling day-to-day expenses.
However, a Protected Person cannot enter into any binding contract to dispose of or purchase assets or property.
When ACAT has appointed a person other than the Public Trustee to be the Manager, that person must lodge financial accounts for examination by the Public Trustee each year. A small fee is payable to the Public Trustee for this service.
Where the Public Trustee believes that the Manager is acting without reasonable care, or not in the best interests of the Protected Person, recommendation may be made that the expenditure be disallowed or that the appointment of the Manager be reviewed.
A Management order remains in force during its designated term or until it is varied by further order or revoked.
ACAT may review the circumstances of the Protected Person and may continue, vary or revoke an order to ensure that the Protected Person's best interests are served. A Protected Person has the right to request a review.
The Public Trustee must ensure that funds held on behalf of a Protected Person are managed and invested prudently. Funds are generally deposited to the Public Trustee's Common Fund generating a competitive return. These funds are used to pay approved expenditure on behalf of the Protected Person.
Charges for Management by either external Managers or the Public Trustee are determined under the Guardianship and Management of Property Act 1991.
The Public Trustee's charges have been structured so that no fee is payable on income received from any government pension, or from low income superannuation or annuities. A small administrative fee is payable for this service.
The charges do not cover the full cost of providing these services, as they are part of the Public Trustee's Community Service Obligations, which are partly funded by Government.
