Section 5.3 Assessing capacity money and property

 

Section 5.3 has four parts. Select a link from the list below for more information about each topic

Or select the section that relates to the areas of decision-making relevant to the situation.
Section 5.1 - Personal life
Section 5.2 - Health

Contracts

Contracts are a part of daily life. A simple contract is made when a person buys a paper, coffee or groceries. All purchases are simple contracts, even though a written agreement is not signed.
More complex contracts are usually written when a person buys or rents more expensive items, such as a car or house. For example, if a person signs a lease to rent a property or enters into a social housing tenancy agreement, this is making a contract. Written contracts may also be used in connection with the electricity, gas, water or phone.

A person may have a contract to borrow money with a financial institution such as a credit union, building society or bank.
Contracts also exist at the workplace. It is not unusual to enter into an employment contract with your employer.
If there is any doubt about a person’s capacity, it is important that you undertake, or seek, an assessment when they are entering into a contract. In some circumstances, the law may state that a person is still bound by a contract even if they did not have capacity when they signed the contract.

You might carry out, or seek, an assessment if you are a legal practitioner, family member, friend or carer, community worker, staff member of a financial organisation, government employee or anyone else concerned about the person’s capacity to enter into a contract.

Legal test

This is what you are looking for when you are assessing whether a person has the capacity to make a contract:

CAPACITY = NATURE + EFFECT OF THE SPECIFIC CONTRACT AT THE TIME IT IS MADE

Checklist

Does the person understand the particular contract they are deciding about, rather than any other contract or contracts in general?
Does the person understand the contract when they are signing it, not hours or days before or after the contract is made?
Do they know the ‘nature’ of the contract? Do they understand the general idea of the whole contract, not just details about parts of it?
Do they understand the ‘effect’ of the contract? Do they know what the general result and effects of carrying out the contract will be?
Do they have the level of understanding required for the degree of difficulty of the contract (greater for a complex contract than for a simple one)?
Do they enter into the contract freely and voluntarily?
Can they communicate the above, with assistance if necessary?

Tips on Questioning

Remember, when assessing whether a person has the capacity to make a contract, it is important that you:

  • ask open-ended questions
  • do not ask leading questions
  • frame your questions to quickly identify any areas of concern for which a person may need support or help, or require a substitute decision-maker
  • ensure it is the person being assessed who answers the questions.  In some circumstances the person may need support from a neutral person such as an advocate or an interpreter. 29

Questions

Here are some specific questions you may ask as part of the assessment process to determine if the person has capacity to make a contract.

  • What is the contract about?
  • Who are you are making this contract with?
  • If you sign this contract, what happens next?
  • Do you have to pay anything to, or do anything for, the other person?
  • How will it affect you?
  • What does the other person have to do after the contract is signed?
  • Do they have to pay you anything, or do anything for you?
  • How will it affect the other person?
  • Will anyone else be affected by the contract or benefit from the contract? Who? Tell me about some of the important parts of the contract.
  • Do you need, or did you get, legal advice about the contract?
  • How long is the contract for?If you do sign the contract, can you end it later if you want to?
  • How do you go about ending the contract?
  • What happens if you don’t do what you are supposed to do under the contract?
  • Did you talk to any friends or family about the contract?  What did they think about it?

Case Study

Contracts

‘I feel pretty cranky about what happened to my uncle at a local electrical store. He recently had a brain injury from a stroke. It means he has difficulty paying attention and is very slow to take in information and think things through. Also, he doesn’t comprehend complex ideas.

I dropped by his place the other day and was surprised to see that he has a whole lot of new whitegoods and entertainment equipment – a fancy new fridge/freezer, a washing machine, a new huge screen TV, DVD player and stereo system. He said that he had gone to buy a DVD player and ended up ‘renting’ the other stuff too. He thought he might try it out because he could always take it back if he didn’t need it. This sounded a bit odd, so I asked him if he had any documents to say how much rent he had to pay. It turns out the stuff is actually purchased on an ‘interest free’ finance deal.

I read the documents, which were long and technical, and I knew there was no way he had understood what they were about when he signed them. When I asked him about it he thought he could take the stuff back at any time and not pay a cent more! The contract actually said that if he didn’t pay off the goods in time, the store would arrange a loan for my uncle through a particular finance company (so he could pay off the goods), and then he would have to pay the loan back at a huge interest rate!

I freaked out and called the store. I have made an appointment with the manager, so I will see what I can do. If that doesn’t work I may have to take my uncle to a lawyer for advice.’

George, nephew


More information

Financial decisions (money and property)

A person must manage their money and property, for themself and others who depend on them. This is an essential part of life. Financial management includes:

  • managing accommodation, for example, maintaining a house, renting or boarding
  • paying bills for services such as water, electricity, gas and phone
  • buying food and clothes
  • general banking, balancing income and debt
  • deciding what other things to buy and sell, including important items such as cars and investments.

These are the ordinary, regular dealings that continue throughout life.

You may question a person’s capacity to manage their own money and property when their decisions are causing them or others harm, or when their assets are being lost, or wasted.

People often plan ahead and appoint a person who will have power of attorney to manage their finances for them when they lose capacity. If they don’t do this, the Supreme Court or the Guardianship Tribunal can appoint a financial manager when a person lacks the capacity to manage their finances. The Mental Health Review Tribunal can also appoint a financial manager for a person where the Tribunal has determined that the person is in a mental health facility and lacks the capacity to make decisions about their finances.

There are several situations in which a person may need an assessment of whether they can continue making their own financial management decisions. Here are some examples.

  • An assessment may be carried out by a concerned family member, friend or carer who wants to know whether they, or others, should begin making minor or routine decisions about some of the person’s financial affairs, on an informal basis.
  • A person with enduring power of attorney may assess a person’s capacity to manage their financial affairs when they need to start using or continue using the document.
  • An assessment might be the first step on the path to making an application to the Guardianship Tribunal or the Supreme Court for a financial manager to be appointed for all or some of the person’s financial affairs, or it might be being prepared for the Tribunal or Court to look at when deciding an issue of financial management.
  • The Mental Health Review Tribunal (MHRT) may be required to look at an assessment when determining whether a patient of a mental health facility requires the appointment of a substitute decision-maker to manage their finances.

The remainder of this section is concerned only with the test for capacity to manage financial affairs, such as in the types of situations outlined above. 30

Legal test


This is what you are looking for when you are assessing whether a person has the capacity to make their own financial decisions:


CAPACITY = THE PERSON CAN MANAGE THEIR OWN AFFAIRS

Checklist

You will need to consider two questions.

  1. Is the person capable of managing their own property and affairs?
    The meaning of ‘affairs’ is broad. A person who can manage their own affairs will be able to manage their property and money and provide for the welfare of themself and anyone dependent on them. A person doesn’t have to be able to manage their affairs in the best possible way; they just have to be able to manage them.

Does the person have the skills to deal in a fairly capable way with the ordinary, regular dealings in life (such as those described in the first paragraph of this section)?

Does the person have money management skills? For example, ask them the name of their bank, how they budget, and how they can work out the market value of their property?

Do they understand their assets, ongoing expenses and financial obligations?

Can they manage their money to provide for food, clothing, medicine and other necessities for themself and any dependents?

Do they have a history of looking after their affairs in the past? Some people may not have ever been involved in routine financial decisions. You may need to consider how the person can get assistance or become familiar with banking and other finances. 31

Does the person know when to get appropriate professional advice? When considering this you need to take into account the extent of their assets and the complexity of their financial affairs. If the person’s affairs are complex, determine if the person:

  • knows when they can’t deal with their affairs
  • knows that they can get professional advice, and from whom
  • can understand and weigh up professional advice.

Can they protect their own interests? Can the person identify and deal appropriately with someone who is unfairly trying to gain benefit from their assets?

Can they communicate the above, with assistance if necessary?

2. If the person can’t manage their affairs, is there a risk that they may be disadvantaged or harmed, or their money or property wasted or lost?
Question the person to assess the following:

Is there risk of significant disadvantage or harm caused by their inability to manage their money or property?

Is the person freely and voluntarily making decisions about the management of their affairs?

Remember, people have the right to manage their own affairs. Each individual has the right to take their own chances and make their own mistakes. Also, making an unwise decision or one that you don’t agree with does not necessarily mean that a person lacks capacity.32

If the person can’t manage all of their affairs, decide whether there are parts that they can manage.

Tips on Questioning

Remember, when assessing whether a person has the capacity to make property and financial decisions, it is important that you:

  •  ask open-ended questions
  •  do not ask leading questions
  • frame your questions to quickly identify any areas of concern for which a person may need support or help, or require a substitute decision-maker

ensure it is the person being assessed who answers the questions. In some circumstances the person may need support from a neutral person such as an advocate or an interpreter. 33

Questions

Here are some specific questions you may ask as part of the assessment process to determine if the person you are assessing has capacity to make property and financial decisions. Assure the person that the answers are confidential.

  • What bank accounts do you have?
  • How much money do you have in the bank at the moment?
  • Do you keep any money anywhere else, such as at home? Where?
  • Do you own any property? How much do you think the property is worth now? Are you the only owner or does someone else own it with you?
  • Where do you get your money from? Do you have a job or a pension? Do you have a business or any other source of income?
  • How much are your bills each month? What sort of bills do you have to pay?
  • Do you have any credit cards, and how much do you owe on them? What are your other debts?
  • Do you have a mortgage or do you pay rent?
  • Can you tell me who depends on you? Does this person or people have any income of their own?
  • What investments do you have? Is there an accountant or financial advisor that you go to? If so, what is their name and how often do you see them?
  • Do your family or friends help you with your finances and, if so, how do they help?
  • Have you ever given money to, or bought things for, your family or friends? What types of things?
  • Have they ever asked you for money or influenced you to spend your money in a certain way?
  • What sort of major purchases have you made over the last year?
  • What are the next major purchases you want to make?
  • What would happen if you didn’t pay your bills?
  • What would happen if you didn’t follow a budget and instead spent your money on unnecessary or expensive things?

After you have asked your assessment questions, it is worthwhile to then ask the person whether they believe they can manage their financial affairs. You might ask:

  • Do you have any financial concerns or problems? If so, what they are? How will you manage them?
  • If not, are you aware of any concerns about your ability to manage your financial affairs that have been raised by a person or people close to you (or whoever it was that recognised the trigger)?

If they are not aware of the concerns, provide them with more information about the situation. Then ask them the questions again. You are looking for understanding of the situation and whether they have insight into what the potential or existing problems might be. For example unpaid bills, overspending on unwanted goods, giving away large amounts of money or property, accumulating large debts, mishandling of money, or allowing others to influence decisions about money or property.

Ask the person open-ended questions which help them to describe the situation and why they think it could be a matter for concern such as:

  • What other options do you have, or might you want to take?
  • What are the pluses and minuses of each option?

If the person can’t tell you these things, discuss with them the benefits and disadvantages of each option and ask them what they think of these choices.

You are looking for indications that the person can understand and weigh up information, options and consequences.

Case Study

Financial management

Last week I went to my client Joan’s house. There was a huge pile of unopened mail in the kitchen. When I asked her about it during our interview, she said that she didn’t feel like opening her mail. We talked about what she thought was in the mail, and she told me that it would just be junk. I showed her one envelope which was dated months ago and had the name of an electricity company and REMINDER written on it. I suggested that it might be an electricity bill. We then discussed what might happen if she didn’t pay the bill, and Joan seemed to understand that the company would cut the electricity to her house.

I started to ask Joan questions about her property and her banking arrangements. Her answers made me realise that just before her husband had died Joan had stashed a whole lot of cash in the house and had been using it to live. Her husband was the one who dealt with all the accounts and Joan didn’t know the banking details. She was starting to run out of the cash and was too embarrassed to tell anyone about the situation! That’s why she tried to make light of the mail situation.

After I had worked it out, I told Joan that she wasn’t alone, that lots of people let someone close to them deal with the household money. But now, she either had to learn new skills so that she could take care of the finances or appoint a power of attorney to do it for her. I agreed to assist her to get some information on money matters, and to take her to the bank so that she could find out more about her financial arrangements.’

Rebecca, social worker


More information

NSW Trustee & Guardian

Guardianship Division of NSW Civil & Administrative Tribunal

Mental Health Review Tribunal

Law Society of NSW

LawAccess NSW

Legal Aid NSW

Community Legal Centre

Power of Attorney

Many people plan ahead and appoint a person with power of attorney to manage their financial decisions, such as buying or selling property or operating bank accounts.

There are two types of power of attorney: a general power of attorney and an enduring power of attorney.

A general power of attorney is made so that someone can make financial decisions on behalf of a person when they are absent, or if they simply prefer another person to make those decisions for them. For example, if a person is overseas and needs someone else to sell their house or pay their bills. It could also apply if a person couldn’t physically get to the bank to operate their own account.

An enduring power of attorney appoints someone to begin, or continue, to make decisions for a person when they no longer have the capacity to make their own decisions about their financial affairs. A general power of attorney will not continue when a person loses capacity unless this is stated in the document, and the document is properly made as an enduring power of attorney. 34

There are two points at which a person’s capacity might be assessed when dealing with a power of attorney.

1. When the document is being made
For the appointment of a power of attorney to be legal, the person making the appointment must have capacity at the time that they are signing the power of attorney document.
Certain people are required to undertake an assessment of the person’s capacity to make a power of attorney document before witnessing the making of the document. These include a solicitor, barrister, local court registrar, licensed conveyancer, and an employee of the NSW Trustee and Guardian or a trustee company.

2. When an enduring power of attorney needs to be used
This assessment is triggered by concern about whether the person who made an enduring power of attorney still has the capacity to make their own financial decisions. If they are found to lack capacity to make a certain decision, the individual appointed as having enduring power of attorney can make this decision for the person.

It will usually be the person appointed as enduring power of attorney that will undertake, or seek, an assessment of whether the person has lost the capacity to make the financial decision.
The remainder of this section is concerned only with the first point: the test for capacity to appoint a general or enduring power of attorney. Advice about the test for the second point, capacity to make ‘financial decisions’, is in Section 5 ‘Financial decisions (money and property)’, on page 117.

Legal test

This is what you are looking for when you are assessing whether a person has the capacity to appoint a power of attorney.


CAPACITY = NATURE + EFFECT OF THE DOCUMENT AT THE TIME IT IS MADE

Checklist

Does the person understand the nature and effect of the power of attorney document they are signing at the time it is being made, not hours or days before or after?
Does the person understand the ‘nature’ of appointing a power of attorney? Are they familiar with the general idea of powers of attorney? More specifically, do they know:

  • that they are appointing someone to make financial decisions on their behalf?
  • what the attorney’s functions will be and the sorts of decisions the attorney will be able to make?
  • when the power of attorney takes effect?
  • that they can give instructions on how their attorney will exercise the power?
  • that they can appoint more than one attorney?
  • that an appointed enduring power of attorney will begin making decisions, or continue to make decisions, when the person lacks capacity to make financial decisions?

Does the person understand the ‘effect’ of the document? That is, can they identify what the general result of the power of attorney appointment will be and the effect that it will have on them? More specifically, do they know:

  • the attorney can make decisions about the things detailed in the power of attorney document?
  • these are binding decisions made on their behalf?
  • they can cancel the power of attorney or change it in the future?
    if the power is an enduring power of attorney, the attorney will continue to make decisions for them as long as they lack the capacity to do this for themself?
  • if it is an enduring power of attorney, they can’t revoke or change the appointment while they lack capacity?

Does the person appoint the attorney freely and voluntarily?
Can they communicate the above, with assistance if necessary?

If the person wants to change or revoke a power of attorney, capacity needs to be assessed at that time. As well as the above checklist, also ensure the person is aware of the following:

How and why the new power of attorney differs from the old.
The nature and effect of changing or revoking the existing power of attorney.

Remember that a person can have the capacity to make a power of attorney even though they may not have the capacity to manage their financial affairs.

Tips on Questioning

Remember, when assessing whether a person has the capacity to appoint a power of attorney, it is important that you:

  • ask open-ended questions
  • do not ask leading questions
  • frame your questions to quickly identify any areas of concern for which a person may need support or help, or require a substitute decision-maker
  • ensure it is the person being assessed who answers the questions. In some circumstances the person may need support from a neutral person such as an advocate or an interpreter. 35

Questions

Here are some specific questions you may ask as part of the assessment process to determine if the person has capacity to appoint a power of attorney.

  • Explain to me what a power of attorney (or enduring power of attorney) is.
  • Why do you want to appoint someone as your power of attorney?
  • When does the power of attorney begin?
  • What sort of decisions will your attorney be able to make for you?
  • Tell me about your family and friends. Who would you want to appoint to be able to make these decisions for you?
  • Why would you choose that person?
  • Would you want your attorney to make decisions for you in the same way that you would make them?
  • How can you help them understand how you would want decisions to be made? Remember, you may not have the capacity to tell them later.
  • Sometimes people appoint more than one person so that they can make decisions together for you. Why do you think people would want to do that?
  • Do you think you might want to do this? Why or why not?
    What do your friends and family think about you appointing a power of attorney, and about whom you are choosing to be the attorney?
  • What happens if you decide that you want to change or cancel your power of attorney? When would you be able to do this?


Similar questions to those above should be asked if the person wants to change or cancel a power of attorney.
Also ask:

  • What are your current power of attorney arrangements and how do you want to change them? Why?
  • Is anyone prompting you to change the current arrangements and, if so, why?

Case Study

Enduring Power of Attorney

‘Noel came into the courthouse asking for a signature on his enduring power of attorney. The law says that before I sign his power of attorney document, I have to be satisfied that Noel understands the document and its effect.

Anyhow, I asked him some questions to find out whether he knew what an enduring power of attorney was and how it was different from a general power of attorney. His answers made me realise that he wasn’t sure of what he was really getting me to sign.

His friend had told him he’d better “see about doing an enduring power of attorney”, and he had photocopied the form and filled out some of it.

We ended up spending some time together going through the document. I explained it to him bit by bit and asked him questions to check that he understood what I was saying. When he realised that it was about who would deal with his finances if he lost capacity to do it himself, he decided to talk to his family before he chose an attorney.

He came back the next week, and when we went through the questions I was satisfied that he understood the document and what it did. He also understood who he wanted to appoint as an attorney and why, what powers he wanted to give them, and when they could use those powers.’

Antonio, court registrar


More information

Ageing, Disability and Home Care

Guardianship Division of NSW Civil & Administrative Tribunal

The NSW Trustee and Guardian

Law Society of NSW

LawAccess NSW

Legal Aid NSW

Community Legal Centre

The Benevolent Society

Wills (testamentary capacity)

A will is only legal if the person who made it had ‘testamentary’ capacity when they made it. ‘Testamentary’ capacity is the legal test on page 138.

So, it is very important to make sure that a person has the capacity to make a will. If this is not done, any will made by them could be seen as being based on  misunderstandings or false assumptions and therefore may be held not to be legal.

Equally, if a person is wrongly assessed as lacking capacity, they will lose the freedom to decide whom to leave their estate to when they die.

Some people make their will themselves or get assistance from friends or family. However, it is best to get professional advice to ensure that a proper capacity assessment is undertaken. This will provide a future safeguard if the will is challenged on the grounds of lack of capacity.

An assessment of a person's capacity to make a will is usually done by a legal practitioner, Public Trustee or Trustee Corporation employee or local court registrar when instructions are given to make the will and again when the will is signed.

Legal test

This is what you are looking for when you are assessing whether a person has the capacity to make a will, (testamentary capacity):


CAPACITY = NATURE + EFFECT OF THE WILL AT THE TIME IT IS BEING MADE

Checklist

Does the person understand the nature and effect of the will at the time the will is being made, not hours or days before or after?

Does the person understand the ‘nature’ of making a will? Do they know the general function of a will? More specifically, do they:

  • understand that their will comes into effect after they die?
  • understand what assets or property they own and can leave under their will, and in general terms, their value?
  • know that they can change or revoke the will at any time if they have capacity?

Does the person understand the ‘effect’ of the will? More specifically, do they know:

  • that when they die their property will be given away to the people they have named?
  • who would normally be expected to benefit from a will?
  • which family members or friends may claim benefits from their estate?

Is the person making the will freely and voluntarily?
Can the person communicate the above, with assistance if necessary?

If the person wants to change or revoke their will, capacity needs to be assessed at that time. Ensure that you ask the same questions as above, and also the following questions:

How and why does the new will differ from the old?
What is the nature and effect of changing or revoking the existing will?

Remember, people can make decisions about their possessions which may be seen as unwise, unfair, unreasonable, or based on values that you do not accept. This doesn’t mean that a person lacks the capacity to make a will. 36Importantly, a person may have testamentary capacity even though they may not have the capacity to manage their financial affairs.      

Tips on Questioning

Remember, when assessing whether a person has the capacity to make a will, it is important that you:

  •  ask open-ended questions
  • do not ask leading questions
  •  frame your questions to quickly identify any areas of concern for which a person may need support or help, or require a substitute decision-maker
  • ensure it is the person being assessed who answers the questions. In some circumstances the person may need support from a neutral person such as an advocate or an interpreter. 37

Questions

Here are some specific questions you may ask as part of the assessment process to determine if the person has capacity to make a will.

  • What is a will?
  • Why do you want to have one?
  • When does a will come into effect?
  • Do you have any property, money or other belongings?  What are they?
  • How much do you think they would be worth?
  • Tell me about your family and friends. Who would you want to give your things to after you die? Why would you choose those people?
  • Is there anyone you don’t want to give anything to? Why?
    What happens if you decide that you want to change or cancel your will?

Similar questions to those above should be asked if the person wants to change or cancel a will.   Also ask:

  • What are the current arrangements in your will?
  • How do you want to change them and why?
  • Find out if and why anyone is prompting them to change the current arrangements.

Case Study        

Wills

‘I had an appointment with a new client, Betty, about changing her will. She came in with her cousin and insisted that he sit with her during the appointment. The cousin was overbearing and kept speaking on behalf of the client. In the end I asked the cousin to wait outside, saying that I had to discuss some matters with Betty alone. I stated that I would not be able to continue with the appointment if he did not do this.

Alone, Betty was able to answer a lot of my questions about what a will was, her property and who she thought should benefit from the will. However, she was not so clear on why she wanted to change her will. It became apparent that Betty had already changed her will twice in the last three months, following an argument with her family.

After the family argument the cousin had become closer to Betty and had moved into her home. I spoke at some length with Betty about many general matters, including her health. She confided in me that her psychologist said she had a depressive disorder and that, at times, it seemed to impair her ability to think clearly and make decisions without being influenced by others.

When I asked Betty about wanting to change her will this time she just said, “It would be best for my cousin.”

I decided to ask Betty if I could contact her psychologist for an opinion about whether her depression would, at this time, affect her decision-making about her will. I explained this to her and told her that if I didn’t find these things out, it could make the will invalid later. She consented to my talking with her psychologist.’

Michael, lawyer


More information

NSW Trustee and Guardian
Law Society of NSW
LawAccess NSW
Legal Aid NSW
Community Legal Centre
Benevolent Society

NSW Trustee & Guardian
Ph: 1300 364 103
http://www.tag.nsw.gov.au 

Information on the appointment of a financial manager as a substitute decision-maker by the Tribunal or the Supreme Court can be found on the NSW Trustee & Guardian (NSW TAG) website. Select ‘About us’ and then click on the ‘How does the NSW Trustee & Guardian become involved?’. You will also find information on the NSW TAG  website if you select ‘Private management’ and then click on ‘About managers’. Or call the NSW TAG and ask for the information.

The NSW Trustee and Guardian can also give you information and advice about making a will. You can obtain the telephone number of your nearest branch from the general enquiries number below. You can also access information on their website by clicking on the ‘Wills’ tab or select the ‘Attorney services’ tab for further information on Power of Attorney.

Law Society of NSW
Ph: (02) 9926 0300
Toll free: 1800 422 713
Solicitors can give you information and advice about wills. The Law Society of NSW can give you a list of solicitors in your area by phoning its ‘Solicitor Referral Service’ or through its website www.lawsociety.com.au by clicking on ‘Advance find a lawyer search’.

LawAccess NSW
Ph: 1300 888 529
People who are Deaf or hard of hearing use the national relay service to contact us call: 133 677.

People with speech impairments use the national relay service speak and listen service 1300 555 727.
131 450 Telephone Interpreter Service
www.lawaccess.nsw.gov.au

You might also contact LawAccess NSW which is a free government telephone service that provides legal information, advice and referrals for people who have a legal problem in NSW.

Legal Aid NSW provides free legal advice and in some cases can provide ongoing assistance. To locate the closest office call LawAccess NSW or visit the Legal Aid Commission’s website www.legalaid.nsw.gov.au

Your local Community Legal Centre (CLC) may also provide free advice. A directory of CLCs is available from the National Association of CLCs by phoning (02) 9264 9595 or at its website: www.naclc.org.au

Benevolent Society
Ph: (02) 9339 8000
https://www.benevolent.org.au/​ 

The Benevolent Society has a detailed publication Your future starts now. It provides information on powers of attorney, and is available by phoning or on its website select ‘Planning your future’.
 
NSW Civil & Administrative Tribunal

Guardianship Division
Toll free: 1800 463 928
Main switch: (02) 9555 8500
People who are Deaf or hard of hearing use the national relay service to contact us call: 133 677.

People with speech impairments use the national relay service speak and listen service 1300 555 727.
You can contact the Guardianship Division for the Planning for your future publications, or access them on the website www.ncat.nsw.gov.au and select ‘Publications’. Additionally, you can contact the Guardianship Division to speak with someone about appointment of a financial manager, or for further information on the Division.

Ageing, Disability and Home Care
Ph: (02) 8270 2000
People who are Deaf or hard of hearing use the national relay service to contact us call: 133 677.

People with speech impairments use the national relay service speak and listen service 1300 555 727.
Ageing, Disability and Home Care (ADHC) has a Planning ahead kit with information on powers of attorney. Contact ADHC for a kit or access it on their website www.adhc.nsw.gov.au.  ADHC has also developed a planning ahead kit for members of Aboriginal and Torres Strait Islander communities called Taking care of business.

Mental Health Review Tribunal
Ph: (02) 9816 5955
Toll free: 1800 815 511
www.mhrt.nsw.gov.au
When the person is a patient in a mental health facility or where the matter has been referred to the Mental Health Review Tribunal (MHRT) by a court, you can get more information on the appointment of a financial manager by contacting the Mental Health Review Tribunal.

NSW Fair Trading
Ph: 13 32 20
www.fairtrading.nsw.gov.au
The NSW Office of Fair Trading has information on contracts on its website. Click on ‘Consumers’, ‘Buying Goods’ then ‘Contracts’.


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29,33,35, & 37 Multicultural NSW has information about interpreters on their website: www.crc.nsw.gov.au , select ‘Services’, click on ‘Interpreting and translation’ and ‘Fact sheets’. Or call Multicultural NSW: 1300 651 500.
30 The ‘Powers of Attorney’ section on page 128 deals with assessing a person’s capacity to make a power of attorney.
31 See Section 6 ‘Assisted decision-making’ and ‘How can I support a person to make their own decision?’ on page 147.
32 & 36 See capacity assessment principle 4 ‘Assess the person’s decision-making ability – not the decision they make’ on page 36.
34 To obtain detailed information about what a power of attorney document is and does, or the differences between an enduring and general power of attorney see ‘More information’ on page 135.