NSW Trustee and Guardian Fees

When the NSW Trustee and Guardian Gets Involved

The NSW Trustee and Guardian is a state government agency that steps in when someone loses decision-making capacity and no valid enduring power of attorney or enduring guardianship exists — or when no suitable family member is available or willing to act.

NCAT (the NSW Civil and Administrative Tribunal) can appoint the NSW Trustee and Guardian as financial manager or the NSW Public Guardian as guardian when the family cannot agree on who should manage the person's affairs, when there is a risk of financial abuse, or when no family member applies. The NCAT application itself is free, but the ongoing management by the Trustee and Guardian is not.

Fee Structure

The NSW Trustee and Guardian charges fees based on the complexity of the estate they manage. Their fee structure includes:

• Asset management fees — calculated as a percentage of the managed estate's value, charged annually
• Transaction fees — charged for specific actions like selling property, managing investments, or paying bills
• Professional service fees — for legal, taxation, or financial advice provided in the course of management

The exact percentage varies with estate size and complexity. Smaller estates with straightforward bank accounts and pension income incur lower fees. Larger estates with property, investments, and multiple income streams attract higher management costs.

These fees are deducted directly from the managed person's assets under the applicable fee schedule.

Financial Management Orders

NCAT issues a financial management order when a person has lost capacity and someone needs legal authority to manage their finances. If no family member applies (or if the family is in conflict), NCAT appoints the NSW Trustee and Guardian as the default financial manager.

A family member can apply to be appointed as financial manager instead. This avoids the Trustee and Guardian's fees, but the private manager is still subject to NCAT oversight and may need to provide annual accounts.

The financial management order gives the appointed manager authority over the financial matters within the order, which can include bank accounts, property, investments, and income. The appointed manager must act in the person's best interests and keep proper records.

Guardianship Orders

A guardianship order is separate from a financial management order. It covers personal and lifestyle decisions — where the person lives, what medical treatment they receive, what services they access.

If NCAT appoints the Public Guardian (a separate role from the Trustee and Guardian), there are no direct fees for guardianship services. The Public Guardian is funded by the NSW Government. But the decisions they make — about residential care, services, and living arrangements — have financial implications that are managed by whoever holds the financial management role.

How to Avoid State-Appointed Management

The NSW Trustee and Guardian's management fees are avoidable. If your parent signs an Enduring Power of Attorney while they still have decision-making capacity, they choose who manages their finances — and that person operates without NSW Trustee and Guardian management fees, although the attorney still has legal duties to the principal.

The cost of setting up an EPOA through a solicitor is typically $300 to $1,200. The cost of not having one — years of state-managed administration with percentage-based fees — runs into thousands or tens of thousands over the lifetime of the arrangement.

If your parent is showing early signs of cognitive decline, the window for executing an EPOA is closing. A formal capacity assessment from their GP can confirm whether they still have the legal ability to sign — but once that capacity is lost, the only option is NCAT.

For a complete guide to setting up an EPOA in NSW — including witnessing rules, NCAT application steps, and bank registration — see our Enduring Power of Attorney and Guardianship in Australia guide.

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