SECT 41 of the NSW TRUSTEE AND GUARDIAN ACT 2009 provides for the making of Orders by the Supreme Court for management of the affairs of persons suffering legal incapacity. Bernard has extensive experience in advising and assisting in making application to the Protective Division of the Court. Issues often arise where there is dissatisfaction with the appointed manager of such an estate, necessitating application to the Court for the removal of and/or the substitution of a new estate manager. These claims can include situations where the incapacitated person’s estate has been settled in a Trust, and determination of the Trust is required for the preference of Court-supervised financial management.

McHardy Law can steer you through this complicated process which may involve the need for a private ruling from the Australian Tax Office before the Court can make final orders.

NCAT’s Guardianship Division makes decisions about people who have a decision-making disability and who may require a legally appointed substitute decision maker. McHardy Law can also assist you with advice in these matters and with applications to the Guardianship Division.