{"id":20236,"date":"2026-10-31T13:13:59","date_gmt":"2026-10-31T02:13:59","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=20236"},"modified":"2026-10-31T13:21:54","modified_gmt":"2026-10-31T02:21:54","slug":"state-trustees-victoria-administration-order-nsw-trustee-guardian-financial-management","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/state-trustees-victoria-administration-order-nsw-trustee-guardian-financial-management\/","title":{"rendered":"State Trustees Victoria Administration Order and NSW Trustee Guide"},"content":{"rendered":"
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Many families first hear of State Trustees in Victoria or NSW Trustee and Guardian when something has already gone wrong. A parent has dementia and the bank will not deal with the children. A relative has died without a Will and no one in the family can, or wants to, apply to administer the estate.<\/p>\n

For families with relatives overseas, the risk is higher. An elderly parent may live in Melbourne or Sydney while the children live in Singapore, Hong Kong or Shanghai, and no one has signed an Australian enduring power of attorney.<\/p>\n\n

What State Trustees and NSW Trustee and Guardian do<\/h2>\n

State Trustees (Victoria)<\/h3>\n

State Trustees Limited is a Victorian Government-backed company. Its services include preparing Wills and powers of attorney, acting as executor of deceased estates, acting as a financial attorney where a person has appointed it, and acting as financial administrator when appointed by the Victorian Civil and Administrative Tribunal (VCAT) for a person who cannot manage their own financial affairs.<\/p>\n

NSW Trustee and Guardian<\/h3>\n

NSW Trustee and Guardian was formed in 2009 by bringing together the former Public Trustee and the Office of the Protective Commissioner, and it supports the NSW Public Guardian. Its functions include preparing Wills and estate planning documents, acting as executor and administering deceased estates and trusts, and managing the financial and legal affairs of people under financial management orders. It also oversees private financial managers appointed by a tribunal or court.<\/p>\n\n

When a public trustee becomes involved<\/h2>\n

Death without a Will, or without an executor<\/h3>\n

Where someone dies without a valid Will, or the named executor has died, cannot act or does not want to, someone must apply to the Supreme Court for letters of administration. Usually that is a close family member. If no family member is available or willing, a public trustee may administer the estate. In Victoria, where a person dies without a valid Will and no family is available to assist, State Trustees may be required to act. In NSW, the Supreme Court may grant administration to the person with the greatest entitlement or to NSW Trustee and Guardian, and families can refer an intestate estate to it.<\/p>\n

Children living abroad may be unsure whether they can apply or need to travel. Who should apply depends on the circumstances and needs advice.<\/p>\n

Financial administration and management orders<\/h3>\n

Where an adult loses capacity to make financial decisions and has no working enduring power of attorney, someone may apply to a tribunal for an order.<\/p>\n

In Victoria, VCAT may appoint an administrator for an adult with a disability who cannot make financial or legal decisions, if the person lives in Victoria or has property there. VCAT generally makes an order only where it is needed and no less restrictive option is available. It can appoint a relative, friend or professional, and may appoint State Trustees or a private trustee company if no suitable person is available. Administrators must act in line with the person’s will and preferences as far as practical, and account to VCAT.<\/p>\n

In NSW, the NCAT Guardianship Division and the Supreme Court can make financial management orders. A family member, friend or trustee company can be appointed as private financial manager, and NSW Trustee and Guardian is appointed when no family member or friend is willing or able. Private managers operate under the oversight of NSW Trustee and Guardian.<\/p>\n

Appointment as executor in a Will<\/h3>\n

Some people choose to name State Trustees or NSW Trustee and Guardian as executor in their Will, for example where they prefer an independent executor or have no family nearby. That can be a legitimate choice if made knowingly.<\/p>\n\n

Fees in general terms<\/h2>\n

Public trustees charge fees for administering estates and managing the affairs of people under orders. State Trustees’ fees are generally commission-based, set out in a published scale, with hourly rates in some circumstances. NSW Trustee and Guardian also charges fees under its published arrangements. Fees are usually paid from the person’s assets or the estate. Families can ask for current fee information and compare other options.<\/p>\n\n

Overseas families: an elderly parent in Australia without a power of attorney<\/h2>\n

Consider a widowed mother living in Melbourne whose children all live in Asia. She has a Will but has never signed a Victorian enduring power of attorney. When she develops dementia, her bank accounts and the family home may need to be managed, but no one has legal authority. A power of attorney signed in another country may not be recognised. An application to VCAT may follow, and the family’s ability to manage affairs from overseas may be a factor in who is appointed. The right approach in a situation like this depends on facts that need advice.<\/p>\n\n

How families keep control<\/h2>\n

Enduring powers of attorney<\/h3>\n

An enduring power of attorney allows a person, while they have capacity, to choose who will manage their financial affairs if they later lose capacity. Where a valid and suitable enduring power of attorney is in place, a tribunal order may not be needed. Each state has its own form and witnessing requirements, and a document made overseas may not be accepted for Australian assets.<\/p>\n

Alternative and substitute appointments<\/h3>\n

Victorian law allows alternative attorneys to be named, and NSW law allows substitute attorneys, subject to the requirements of each Act. A back-up helps if the first attorney cannot act.<\/p>\n

Executors and substitute executors<\/h3>\n

A Will that names an executor, plus a substitute executor in case the first cannot act, reduces the chance that no one is available after death.<\/p>\n

Personal and medical decisions<\/h3>\n

Financial authority is only part of the picture. Victoria and NSW each have arrangements for appointing someone to make medical or personal decisions, and VCAT and NCAT can make guardianship orders where no suitable appointment exists. We cover VCAT guardianship and administration orders in more detail in a separate article.<\/p>\n\n

Questions to discuss with your lawyer<\/h2>\n