N S W

SURETY BOND SCHEME

From 31 March 2016 NSW Trustee & Guardian changed its security requirement. As a result, private managers are now required to obtain a Surety Bond over the managed person’s estate.

AGAC – Australian Guardianship and Administration Council
Mrs HSโ€™s property sold for $1,968,000 in November 2009 and the $750,000 accommodation deposit for the Central Coast facility was paid from the sale proceeds. It is noted that the Central Coast facility attempted to renegotiate for a higher deposit when the proceeds of sale were disclosed by Mrs HS.

Widower loses right to support girlfriend
A LAKE Macquarie man wants an inquiry into the guardianship system after losing control of his finances during a stay at Belmont Hospital.

On the instructions of the Public Trustee
You often see this on real estate advertisements.
It is the equivalent of saying โ€œliquidatorโ€™s saleโ€ or โ€œdeceased estate.โ€

Guardianship Tribunal of NSW
I have appeared before this tribunal. It was a most unsatisfactory experience, and I donโ€™t say that because my client lost because my client did not lose, but the path to that was much slower than it should have been and the tribunal was not as awake to obvious legal issues as I consider it should have been.

Public Trustee alleged Public Crook
This video shows a protest, outside of the NSW Public Trustee office building in Sydney.

Australian Law Reform Commission (ALRC) – Submission of: Ms. J Walker
My reclusive late father had a long term mental disability and he was in the early stage of dementia when he became an involuntary subject of โ€˜financial management orderโ€™ applications to the NSW Guardianship Tribunal (then Board) in November 1994 and at this time he was a โ€˜hidden victimโ€™ of prior financial exploitation via a โ€˜friendโ€™sโ€™ interference with his wills.

FX v NSW Trustee and Guardian [2013] NSWADTAP 19
PROTECTED PERSONS – Application by son who was former carer for review of decisions of NSW Trustee as appointed financial manager; and the Public Guardian as appointed guardian – Tribunal affirmed decisions – Appeal – Tribunal’s reasons adequate – Procedure fair – Restricted access appropriate – Updated financial statement considered – Sale of home appropriate – Appeal dismissed
MY COMMENT: This is the kind of mindless torment, that has been effecting our family for almost four years!

AAD v NSW Trustee and Guardian [2013] NSWADTAP 40
APPEAL – appeal against decision of Guardianship Tribunal confirming the appointment of the NSW Trustee as AAE’s financial manager – whether Guardianship Tribunal should have reviewed financial manager order as well as appointment; whether Guardianship Tribunal breached rules of procedural fairness by not allowing a non-party to speak at the hearing – whether appeal should be extended to grounds other than a question of law
MY COMMENT: I WONDER WHO OWNS THIS ELDERLY LADY; LOCK, STOCK AND BARREL?

Bowditch v NSW Trustee and Guardian [2012] NSWSC 702
HIS HONOUR: In this matter, I delivered principal reasons for judgment on 26 March 2012, the citation of which is Bowditch v NSW Trustee and Guardian [2012] NSWSC 275. In those reasons, I determined that each of the Plaintiffs’ claims for a family provision order should be dismissed. The Plaintiffs were the daughter and two grandchildren of the deceased.
MY COMMENT: IT CAN GET EXTREMELY COMPLICATED AND COSTLY, IF THE NSWTG BECOME INVOLVED WITH YOUR AFFAIRS…

The New, Nasty Sibling Rivalry
Mum and Dad are getting old, needing care, but hey, the kids, they really need the money. Early Inheritance Syndrome is tearing families apart โ€” and itโ€™s about to get worse, with aged-care reforms putting the family home in the balance.
MY COMMENT: This article describes our family to a T.

Lonely man sent $70K to conman Administrative Decisions Tribunal heard
A LONELY 59-year-old man who sent $70,000 of his life savings to conmen believing he had met his soulmates online has lost control of his finances.
MY COMMENT: What about the scrupulous characters running the New South Wales Public Trustee & Guardian…Basically mismanaging peoples lives and finances, while charging exorbitant fees!