Managed persons: NSW Trustee and Guardian

The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.

Note  'NSW Trustee' means the NSW Trustee and Guardian: section 3(1) NSW Trustee and Guardian Act 2009.

Managed persons

Where the Supreme Court deems a person to be incapable of managing his or her own affairs it will declare that person's estate to be subject to management under the NSW Trustee and Guardian Act 2009. Such a person is known as a 'managed person'. The Court will commit the management of the estate of a managed person to a manager or to the NSW Trustee.

See ss38 and 41 NSW Trustee and Guardian Act 2009.

Execution of dealings

A dealing or document affecting the estate of a managed person must be executed by:

  • The NSW Trustee,
  • an authorised person acting on behalf of the NSW Trustee, or
  • a manager appointed by the Supreme Court.

For delegated signatories refer to the current list filed with DRD2 or on the TRSinfo site. Such execution will not be questioned. A copy of the Court Order is not required. 

The execution must be witnessed in the usual manner.

In the case of execution by an authorised person which is not listed with DRD2, a certified copy of the instrument of delegation is required and the signatory's capacity must be stated.

In the case of execution by a manager, the consent of the NSW Trustee (or an authorised person: the capacity must be stated) must be either:

  • endorsed on the dealing, or
  • the Trustee and Guardian Consent Certificate may be accepted in lieu of the endorsement on the dealing.

Note The consent of the NSW Trustee is not required where a Notice of Death is executed by an appointed manager on behalf of the surviving joint tenant.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [352.100]; ss 41 and 58 NSW Trustee and Guardian Act 2009.

Powers of attorney

An attorney appointed by a managed person is overruled by:

  • The NSW Trustee,
  • an authorised person acting on behalf of the NSW Trustee, or
  • a manager appointed by the Supreme Court.

See s58(2) NSW Trustee and Guardian Act 2009.

Caveat by the NSW Trustee

A caveat by the NSW Trustee protecting the estate of a managed person will lapse on registration of a notice of death or a transmission application lodged in consequence of the death of the managed person.