What if I don’t have an enduring power of attorney?

If you don’t have an enduring power of attorney and become of unsound mind, and therefore unable to manage your financial affairs, no person automatically has the right to manage your assets. Not even if they are your husband or wife.

An application to the NSW Civil and Administrative Tribunal (NCAT), formerly the Guardianship Tribunal, can be made and this would usually be by a close family member (the applicant). The applicant would apply to become your financial manager. If this person is not deemed fit by the tribunal then the tribunal may appoint the NSW Trustee and Guardian (TAG) to manage your affairs.