Financial manager challenged on criminal history

Published in Coffs Coast News of the Area on 17 July 2026.

Penny is diagnosed with dementia and is found to have a cognitive impairment.

The Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) appoints Penny’s nephew, Robert, as her financial manager.

NCAT’s decision is appealed by Penny’s great nephew, Alan, who states that the Tribunal did not properly consider Robert’s criminal history, which includes convictions for several serious offences.

The Appeal Panel states that it is required to afford the following Guidelines “great weight” when called upon to make a decision regarding the appointment of a financial manager.

The protection and welfare of the “protected person” is paramount.

The appointment of a financial manager must be made in the best interests of the protected person.

It is preferable for the appointment to be made after consultation with the protected person and their family and carers to identify the particular circumstances.

The welfare and interests of the protected person may favour the appointment of a family member, rather that the NSW Trustee.

The prudent administration of a protected person’s estate should occur in the simplest and least expensive way.

The appropriate manager depends on the value and nature of the protected person’s property and the manager should develop a plan for the management of the estate.

The manager should not have a “conflict of interest” and should generally perform the role gratuitously.

The Tribunal notes that in relation to Robert’s criminal history, no convictions related to “financial dishonesty, exploitation or deception” and that a money laundering charge resulted from the “sole desire to access the proceeds of drug dealing”.

It is further noted that Robert had not been charged nor convicted of any criminal offence for more than ten years and since his release from imprisonment had ceased reoffending and further, Robert had been forthcoming in disclosing the nature of his criminal history to the Tribunal.

The Appeal Panel ultimately confirms Robert’s appointment as financial manager and dismissed the appeal.

If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email [email protected].

This fictional column is not legal advice.