NSW Trustee and Guardian Act 2009 (NSW)

NSW Trustee and Guardian Act 2009 No 49

An Act to constitute the NSW Trustee and Guardian; to confer on it functions as a trustee, executor or administrator and functions relating to the financial and other management of estates; to repeal the Public Trustee Act 1913 and the Protected Estates Act 1983; and for other purposes.

Chapter 1 Preliminary

1 Name of Act This Act is the NSW Trustee and Guardian Act 2009.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— adult means an individual who is aged 18 years or over. Chief Executive Officer means the Chief Executive Officer of the NSW Trustee. common fund—see section 104. costs includes fees, charges, commission, disbursements, expenses and remuneration. Director-General means the Director-General of the Attorney General's Department. exercise a function includes perform a duty. function includes a power, authority or duty. legal representative has the same meaning as it has in the Succession Act 2006. managed missing person—see section 38. managed person—see section 38. management of a trust matter includes administration of an estate. manager—see section 38. MHRT means the Mental Health Review Tribunal constituted under the Mental Health Act 2007. mortgage includes a charge. NSW Trustee and Guardian or NSW Trustee means the NSW Trustee and Guardian constituted by this Act. operational funds means funds of or under the control of the NSW Trustee that are not trust funds or protective funds. patient—see section 38. protected person—see section 38. protective capacity means a capacity exercised by the NSW Trustee under this Act in relation to managed persons or the management of their estates. protective funds means funds of the NSW Trustee that the NSW Trustee holds in any protective capacity. Reserve Fund means the Fund established under section 109. spouse means— (a) the person to whom a person is legally married (including the husband or wife of a person), or (b) the other party to a de facto relationship, in which the parties have cohabited for a period of not less than 2 years, but where more than one person would so qualify as a spouse, means only the last person to so qualify.