NCAT can appoint a financial manager to make financial and legal decisions on behalf of a person with a decision making disability.
Financial management cases are managed through NCAT's Guardianship Division.
What is financial management?
An application for financial management means you are asking NCAT to appoint someone as the financial manager for the person who is the subject of the application.
A financial manager has the authority to make decisions about financial affairs for someone who is incapable of making these decisions for themselves. Financial affairs refers to things such as operating bank accounts, paying bills, investing money, selling or buying property and includes legal affairs such as instructing a solicitor to act in legal proceedings.
How to apply for financial management
Complete the financial management application form and lodge with your attachments to NCAT's Guardianship Division.
- Financial management application form (PDF , 348.6 KB)
- Read the Information for Applicants - Appointment of a financial manager and/or guardian fact sheet (PDF , 142.3 KB).
Do you need to apply?
Generally, NCAT only hears applications where there are no appropriate arrangements already in place or where an appropriate alternative to an application cannot be found.
Before making an application to NCAT, you should consider the following questions:
- Does the person the application is about lack the capability to manage their financial affairs?
- Is there a need for another person to manage their affairs on their behalf?
- Are there any decisions that need to be made now that cannot be made by someone informally?
For more information refer to Do you need to apply?
What does NCAT consider when making orders?
NCAT will only make a financial management order if:
- the person is not capable of managing their affairs
- there is a need for someone else to manage their affairs for them
- it is in the person's best interests to have a financial management order
- the person has assets in NSW.
NCAT may decide to appoint a private financial manager (family member or friend) or the NSW Trustee and Guardian.
Read the following Guardianship Division fact sheets to find out what to expect at a financial management hearing.
- Financial management hearings fact sheet (PDF , 143.1 KB)
- What to expect at a Guardianship Division hearing fact sheet (PDF , 118.6 KB)
- What to expect at a Guardianship Division hearing fact sheet (Easy Read version) (PDF , 1.1 MB)
Most financial management orders are indefinite and apply to all of the person's financial affairs. NCAT can exclude part of a person's estate from the financial management order in limited circumstances. Sometimes, NCAT will decide to review a financial management order within a specified time.
Read the What happens after a financial management hearing fact sheet (PDF , 105.9 KB) for more information on what will happen if an order is made.
Review of financial management orders
If you have a genuine concern for the person under a financial management order, you can request a review of the financial management orders.
A wide range of helpful fact sheets about applications dealt with by NCAT's Guardianship Division are available on the Guardianship Division fact sheets page.