NCAT Guardianship Division Form | Financial management application Page | 1
May 2019
Financial management application
GUARDIANSHIP DIVISION
Complete this form to apply to NCAT to have a financial manager appointed to make decisions about a person’s
financial affairs under the Guardianship Act 1987. An order can only be made if the person does not have the capability
to manage their own finances and informal arrangements are not working.
If decisions need to be made about the person’s health, accommodation or services, consider applying to NCAT for a
guardianship order. Refer to the Guardianship application’ form for further details.
IMPORTANT INFORMATION:
When lodging a financial management application with NCAT you must also send a copy of the application and any attachments
to all parties including the NSW Trustee and Guardian.
File Number
Office use only
1. PERSON THIS APPLICATION IS ABOUT
A. PERSON’S NAME AND ADDRESS
Given names
Family name
Date of birth Gender
Address
Contact details Daytime telephone
Mobile
Email
B. IS THIS THE PERSON’S CURRENT LOCATION? YES NO (provide current location below)
Address
Contact details Daytime telephone
Mobile
Email
C. WHAT TYPE OF ACCOMMODATION ARE THEY CURRENTLY IN?
Own home Hospital Care facility or supported accommodation
Home of friend or family member No fixed place of address Other
D. WHAT IS THE PERSON’S VIEW ABOUT THIS APPLICATION?
Have you told the person you are making this application? You should tell the person that you are making an
application about them. Have you done this?
YES NO (why not?)
Do they agree with the application being made? YES NO DON’T KNOW
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E. WHY DO YOU THINK THE PERSON HAS A DECISION MAKING DISABILITY?
Dementia Advanced Age Intellectual Disability Neurological Brain Injury
Other (please specify)
Do you have any written evidence about the person’s disability and their capacity to manage their financial affairs?
For example, a report from a doctor or other health care professional. If yes, please attach.
YES NO (why not?)
Is the person the subject of a corresponding order made in another Australian state, territory or New Zealand?
NO YES (provide details)
Has the person been the subject of a previous application or order at NCAT (or former NSW Guardianship Tribunal)?
If yes, please provide the client number
NO YES (provide details)
Are you making this application because of the National Disability Insurance Scheme (NDIS)?
YES NO
F. ASSISTANCE AT THE HEARING
Can the person attend the hearing in person?
YES NO (why not?)
If the person cannot attend the hearing in person, can they participate by telephone or videoconference?
YES NO (why not?)
Does the person need special assistance to participate in the hearing? For example, hearing loop or wheelchair access.
NO YES (provide details)
Does the person use any form of Alternative and Augmentative Communication? (AAC) For example communication
device, communication board or book, Key Word Sign
NO YES (please specify)
Does the person identify as belonging to a specific ethnic, cultural or religious group?
NO YES (please specify)
Does the person need an interpreter?
NO YES (which language)
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2. APPLICANT
Are you making this application about yourself? YES NO (provide your details below)
Given names Family name
Relationship to person
Postal address
Contact details Daytime telephone
Mobile
Email
I agree to have NCAT notices and correspondence sent to my email address
By ticking this box you agree to receive the notice of hearing and other correspondence by email. Please provide an email
address that is accurate and checked regularly.
I have read the Information for Applicants fact sheet
By ticking this box you agree that you understand your responsibilities as an applicant and are willing to continue in that role.
3. NSW TRUSTEE AND GUARDIAN
A. HAVE YOU SENT A COPY OF THIS APPLICATION TO THE NSW TRUSTEE AND GUARDIAN? NO YES
NSW Trustee and Guardian is a statutory party to all NCAT Financial Management Applications.
You must send a copy of your completed application and any attachments to the NSW Trustee and Guardian at one of the
following addresses.
Please indicate which method you will use to send your completed application to the NSW Trustee and Guardian.
Post: Locked Bag 5115, Parramatta NSW 2124
Fax: 02 8688 9793
Email: taggd@tag.nsw.gov.au
4. OTHER PARTIES
A. DOES THE PERSON HAVE A SPOUSE? NO YES (provide details)
Given names Family name
Postal Address
Contact details Daytime telephone
Mobile
Email
B. DOES THE PERSON HAVE A CARER? NO YES (provide details)
Given names Family name
Postal Address
Contact details Daytime telephone
Mobile
Email
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C. HAS THE PERSON APPOINTED AN ATTORNEY UNDER A POWER OF ATTORNEY? NO YES
If there is an power of attorney, please attach a copy (or copies if more than one exists). At question 5, please also explain
why you are applying for financial management orders despite the power of attorney.
Given names Family name
Postal Address
Contact details Daytime telephone
Mobile
Email
D. ACKNOWLEDGEMENT OF PARTIES
A ‘party’ is someone who has certain rights in the Tribunal proceedings, such as the right to receive a copy of the application
and notice of hearing. All of the above people (including the person the application is about) are parties to the proceedings.
I understand and acknowledge that I will provide a copy of my completed application and any attachments to:
NSW Trustee and Guardian
Post: Locked Bag 5115, Parramatta NSW 2124
Fax: 02 8688 9793
Email: taggd@tag.nsw.gov.au
The person
Their spouse (if any)
Their carer (if any)
Their attorney appointed under a Power of Attorney (if any)
5. OTHER PEOPLE IN THE PERSON’S LIFE
Are there any other people in the persons life (social workers, doctors, family or friends) that could help NCAT make
its decision? If yes, provide their full name, contact details and their relationship to the person this application is about.
You must include anyone who may disagree with the application. Other people may not be parties but may apply to the
Tribunal to be joined if they have sufficient interest.
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6. NEED FOR A FINANCIAL MANAGER
NCAT can only appoint a financial manager for a person who has a disability that affects their decision making if:
· The person has assets in NSW
· They are not capable of managing their own financial affairs
· There is a current need for someone to manage their financial affairs, and
· It is in their best interests for an order to be made.
A. WHY ARE YOU ASKING FOR A FINANCIAL MANAGER TO BE APPOINTED?
Explain why you think a financial manager should be appointed, including any risks to the person. For example, is the person’s
money about to be spent or assets sold in a way that is not in their best interest? Have services (home care or support, gas,
power, phone) have been or about to be discontinued? Has the person lost or about to lose their accommodation?
B. DO YOU BELIEVE THIS MATTER IS URGENT BECAUSE THE PERSON IS AT RISK?
NO
YES Provide details.
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C. WHAT IS THE PERSON’S FINANCIAL SITUATION?
List the details of the person’s income, expenses, assets and debts in as much detail as possible.
D. W
HO DO YOU SUGGEST FOR THE ROLE OF FINANCIAL MANAGER?
The proposed financial manager must be aware of this application unless you are proposing the NSW Trustee and
Guardian.
Yourself NSW Trustee and Guardian Don’t know
Someone else (provide details below)
Given names Family name
Relationship to person
Postal address
Contact details Daytime telephone
Mobile
Email
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7. APPLICATION CHECKLIST
I have attached all other documents relevant to this application
Include professional evidence or reports and written statements only if they are relevant to the issues NCAT needs to
decide. Attach a copy of the Power of Attorney/s if applicable.
I have sent a copy of this application and attachments to NCAT
To lodge your application, return all pages of the form to NCAT’s Guardianship Division. Check that you have completed
all relevant items and signed the application form.
NCAT Guardianship Division
Post: PO Box K1026, Haymarket NSW 2140
In person: Level 6 John Maddison Tower, 86-90 Goulburn Street, Sydney
Email: gd@ncat.nsw.gov.au
I have sent a copy of this application and attachments to NSW Trustee and Guardian
NSW Trustee and Guardian is a statutory party to all NCAT Financial Management Applications. You must send copies of
all documents, including this application and any attachments, to the NSW Trustee and Guardian at one of the following
addresses.
NSW Trustee and Guardian
Post: Locked Bag 5115, Parramatta NSW 2124
Fax: 02 8688 9793
Email: taggd@tag.nsw.gov.au
I have sent a copy of this application and attachments to all other parties
You must send copies of all documents, including this application and any attachments, to all other parties to the
application including the person who the application is about.
I have made a copy of this application for my own records
Before lodging your application with NCAT you must make a copy of your application for your own records.
8. DECLARATION AND SIGNATURE
Declaration Having read through this completed application:
I consider that, to the best of my knowledge, all of the information is true and accurate.
I have not intentionally left out important information or the names of people who are likely to have a
legitimate interest in the application.
I understand that it is an offence to make a false or misleading statement in an application.
Name
Signature
Date
NCAT GUARDIANSHIP DIVISION
Postal address: PO Box K1026, Haymarket NSW 1240
DX 11539 Sydney Downtown
Street address: Level 6 John Maddison Tower, 86-90 Goulburn Street, Sydney
Telephone: (02) 9556 7600 or 1300 006 228
Interpreter Service (TIS) 13 14 50
National Relay Service 1300 555 727
Email: gd@ncat.nsw.gov.au
Website: www.ncat.nsw.gov.au
click to sign
signature
click to edit
NCAT Guardianship Division Form | Financial management application Page | 8
GUIDE TO COMPLETING THE APPLICATION FORM
Use the following information to help you complete the NCAT Guardianship Division Financial Management Application Form.
Section headings and numbers match the questions on the form.
1. PERSON THE APPLICATION IS ABOUT
A. PERSON’S NAME AND ADDRESS
Provide the person’s full name and usual address.
B. PERSON’S CURRENT LOCATION
This is the address of the place where the person is staying
if they are not at their usual address.
C. WHAT TYPE OF ACCOMMODATION ARE THEY
CURRENTLY IN?
Tick the box that best describes where the person is
currently living.
D. WHAT IS THE PERSON’S VIEW ABOUT THIS
APPLICATION?
You must tell the person you are making an application
about them and ask whether they agree to it. NCAT may
still make an order if they don't agree, but must take their
views into account.
E. WHY DO YOU THINK THE PERSON HAS A
DECISION MAKING DISABILITY?
For NCAT to make a financial management order, the
person must be incapable of managing their own finances.
Attach any evidence you have about the person's condition
or their ability to manage their financial affairs.
F. ASSISTANCE AT THE HEARING
NCAT prefers that the person attends the hearing in
person. If they are not able to attend in person, a video or
teleconference can be arranged. If other assistance is
required, or the person cannot take part in the hearing, you
should contact NCAT.
2. APPLICANT
The applicant is the person who is lodging the application.
Provide your details here unless you are the person the
applicant is about.
I agree to have NCAT notices and correspondence sent
to my email address
By ticking this box you agree to receive all correspondence
by email.
I have read the Information for Applicants’ fact sheet
You must have read and understood the responsibilities of
an applicant before you continue. If at any stage you are
unwilling or unable to continue in the role you should find
someone else to take over and inform NCAT.
3. NSW TRUSTEE AND GUARDIAN
A. HAVE YOU SENT A COPY OF THIS APPLICATION
TO NSW TRUSTEE AND GUARDIAN?
NSW Trustee and Guardian is a statutory party to all NCAT
Financial Management Applications. You must send a
copy of your application and any attachments to the NSW
Trustee and Guardian.
NSW Trustee and Guardian is a separate organisation from
NCAT.
4. OTHER PARTIES
A. DOES THE PERSON HAVE A SPOUSE?
A spouse is the husband, wife or de facto partner
(including same sex partner) of the person the application
is about. The spouse must have a close and continuing
relationship with the person.
B. DOES THE PERSON HAVE A CARER?
A carer is an unpaid person who provides or arranges for
domestic services and support for the person on a regular
basis, or before the person lived in a residential care
facility. The carer is still considered unpaid if they receive a
carer’s pension.
C. HAS THE PERSON APPOINTED AN ATTORNEY
UNDER A POWER OF ATTORNEY?
A power of attorney or enduring power of attorney is a
legal document signed by the person appointing another
person or persons (the attorney or attorneys) to act on their
behalf in financial matters. If applicable, please attach a
copy of the person’s signed power of attorney or enduring
power of attorney.
Note: A general power of attorney ceases to have effect if
the person loses capacity. An enduring power of attorney
does not.
D. ACKNOWLEDGEMENT OF PARTIES
All material sent to NCAT must also be sent to NSW
Trustee and Guardian and all other parties, including the
person the application is about, unless NCAT makes an
order to restrict disclosure about the proceedings (section
64 Civil and Administrative Tribunal Act 2013). You must
provide good reasons if you want orders made to restrict
disclosure.
5. OTHER PEOPLE IN THE PERSON’S LIFE
If the person has close friends or relatives that have
frequent contact with the person, and an interest in their
welfare, they should be listed. Professionals such as social
workers or doctors should also be listed.
6. NEED FOR A FINANCIAL MANAGER
A. WHY ARE YOU ASKING FOR A FINANCIAL
MANAGER TO BE APPOINTED?
Most adults with disabilities are assisted with decision
making by family members, friends or service providers.
These informal decision making arrangements often meets
the person’s needs.
NCAT must be satisfied by the evidence before it that:
· the person the application is incapable of managing
their finances
· there is a current need for someone else to manage the
person’s finances, and
· it is in the person’s best interests for an order to be
made.
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Explain why you think a financial manager should be
appointed in this person’s circumstances.
A financial manager is not authorised to make decisions
about the person’s health, accommodation or services. If
you think these types of decisions need to be authorised
you should apply for a guardianship order.
B. WHAT IS THE PERSON’S FINANCIAL SITUATION?
Provide details of the person’s financial circumstances. For
example, whether they are on a pension or own their own
home.
C. WHO DO YOU SUGGEST FOR THE ROLE OF
FINANCIAL MANAGER?
You can suggest a financial manager, however NCAT is
not bound to appoint that person. You should talk to the
person before nominating them. The person must be over
18 years and suitable for the role because of their own
experience managing money, financial history and lack of
conflict between them and the person.
If there is no one suitable or willing to take on the role of
financial manager, NCAT will appoint the NSW Trustee
and Guardian. The NSW Trustee and Guardian charges
fees to act as a financial manager and supervise private
financial managers. For more information visit the
NSW
Trustee and Guardian website.
7. APPLICATION CHECKLIST
I have attached all other documents relevant to this
application
Include all relevant information with your application. Refer
to the information on evidence and supporting materials.
Do not include any confidential information with your
application as copies of your attachments will be provided
to the other parties.
I have sent a copy of this application and attachments
to NSW Trustee and Guardian
NSW Trustee and Guardian is a statutory party to all NCAT
Financial Management Applications. You must send copies
of all documents, including this application and any
attachments, to the NSW Trustee and Guardian.
I have sent a copy of this application and attachments
to all other parties
You must send copies of all documents, including this
application and any attachments, to all other parties to the
application including the person the application is about.
I have made a copy of this application for my own
records
Before lodging your application with NCAT you must make
a copy of your application for your own records.
I say that the information I have given in this
application is true
You must verify that all the information you have provided
to NCAT is true and correct.
8. DECLARATION AND SIGNATURE
You must verify that all the information you have provided
to NCAT is true and correct.
You must print your name and sign and date the
application form. If the application form is submitted without
being signed it may cause unnecessary delays.
EVIDENCE AND SUPPORTING MATERIALS
At the hearing you will need to provide evidence to support
the decision. For a financial management order, NCAT will
generally need a professional opinion about the person’s
capability to manage their financial affairs.
Your evidence may include reports prepared by:
· A doctor or other health or disability professional
· A lawyer or accountant involved in the person’s
financial affairs
· The provider of accommodation or services
· A counsellor or financial counsellor
· A social worker.
The evidence can be in the form of a report, statement,
statutory declaration or affidavit. At the hearing NCAT can
consider evidence that is in writing or given orally.
If the person has signed a power of attorney, a copy of it
should be attached to the application.
All documents sent to NCAT must also be sent to the other
parties. You should not provide information that you do not
want disclosed to the other parties.
HOW CAN NCAT HELP ME?
If you have any questions about completing this form
please contact NCAT’s Guardianship Division on:
Telephone: (02) 9556 7600 or 1300 006 228
Email: gd@ncat.nsw.gov.au
Website: www.ncat.nsw.gov.au
WHERE CAN I LODGE MY APPLICATION
FORM?
To lodge your application, return all pages of the form to
NCAT’s Guardianship Division. Check that you have
completed all relevant items and signed the application
form. You can lodge the completed form and any
attachments by:
POST:
NCAT Guardianship Division
PO Box K1026
Haymarket NSW 1240
IN PERSON:
NCAT Guardianship Division
Level 6 John Maddison Tower
86-90 Goulburn Street, Sydney
Office hours: 9am-5pm Monday to Friday (closed public
holidays)
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