Understanding the Role of the NSW Trustee and Guardian and are there other options
Understanding the Role of the NSW Trustee and Guardian and are there other options

Life can throw curveballs. Sometimes, individuals face situations where they need extra support managing their personal, health, or financial affairs.
The NSW Trustee and Guardian, a government agency, steps in to provide these services for vulnerable people across New South Wales.
But while the intention is to protect and support, it's important to acknowledge the potential realities of dealing with a large government organisation, including the associated costs and the availability of alternative options.
Like any such entity, the experience with the NSW Trustee and Guardian can sometimes feel impersonal. Individuals might find themselves feeling like another case number, and the level of support and the resulting outcomes can, unfortunately, be dependent on the specific caseworker assigned.
Acting as a Guardian
When acting as a guardian, the NSW Trustee and Guardian charges fees for their services. As of April 2025, these fees are typically calculated based on a daily rate or an hourly rate for the time spent on guardianship matters. The exact rates can vary depending on the complexity of the case and are subject to change.
For instance, more complex cases requiring frequent interventions or court appearances will likely incur higher costs. It's essential to obtain a clear breakdown of the anticipated fees from the NSW Trustee and Guardian at the outset. These costs are usually paid from the individual's own funds, if available.
Managing Finances as a Trustee/Financial Administrator
Similarly, when managing financial affairs as a trustee or financial administrator, the NSW Trustee and Guardian levies fees. These charges are generally calculated as a percentage of the assets under management and may also include transactional fees for specific activities like property sales or significant financial decisions.
As of April 2025, the percentage-based fees typically operate on a tiered system, meaning higher value assets may attract slightly lower percentage rates at the upper end. There can also be annual management fees and specific fees for tasks such as preparing tax returns or dealing with complex investments.
Again, it is crucial to have a transparent discussion about the applicable fee structure with the NSW Trustee and Guardian.
Exploring Alternatives to the NSW Trustee and Guardian
It's vital to understand that the NSW Trustee and Guardian is not the only avenue for individuals needing support with decision-making or financial management. Several alternatives exist, each with its own advantages and considerations:
🔵
Private Trustees: Individuals or professional trustee companies can be appointed to manage financial affairs, particularly for estate management or ongoing trusts. Their fee structures vary widely and are usually negotiated privately.
🔵
Financial Administrators appointed by NCAT: The NSW Civil and Administrative Tribunal (NCAT) can appoint a suitable person, often a family member or friend, as a financial administrator. This can be a more cost-effective option, especially if the appointed person is willing and capable of acting without professional fees (though they can claim reasonable expenses).
🔵
Guardianship Orders appointing private guardians:
NCAT can also appoint a private guardian, typically a family member or friend, to make personal and lifestyle decisions. Similar to financial administration, private guardians often act without professional fees, focusing on the best interests of the individual.
🔵
Enduring Powers of Attorney (EPOA): A person with capacity can appoint a trusted individual to make financial decisions on their behalf if they lose capacity in the future. Establishing an EPOA early can avoid the need for external financial administration.
🔵
Enduring Guardianship: This legal document allows an individual with capacity to appoint someone they trust to make personal and health decisions for them if they lose capacity. Similar to EPOAs, this proactive planning can prevent the need for a formal guardian appointment.
Options to Consider
While the NSW Trustee and Guardian offers essential support, it's crucial to approach this option with a realistic understanding of the potential for a less personalised experience and the associated costs.
Thoroughly investigating all alternatives, including private arrangements and NCAT appointments, and engaging in open discussions about fees with the NSW Trustee and Guardian are vital steps in securing the best possible outcomes for those requiring assistance with decision-making and financial management in New South Wales.
Seeking independent legal and financial advice can provide invaluable guidance in navigating these complex decisions.





