Financial Management Orders

What is a Financial Management Order (FMO)?

The NSW Trustee and Guardian Act 2009 allows a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person under the FMO. The NSW Trustee manages the property, business and financial interests in close consultation with the person and if appropriate, their nominated friend, relative, guardian or care provider. The actual day-to-day management of the person's affairs is undertaken by staff who work for the NSW Trustee.

When will the Tribunal make a Financial Management Order?

The Tribunal can only make a FMO in relation to the financial affairs of a person who is presently an inpatient at a mental health facility. The Tribunal will conduct a hearing, which is an informal meeting, at which the person's ability to manage their affairs is assessed. The assessment is made by the Tribunal panel (comprising a lawyer, a psychiatrist, and a member with a qualification like social work or psychology), and the Tribunal will be assisted by reports obtained from professionals who know the patient, as well as relevant information from the patient, their families etc as appropriate. The patient may be in need of assistance with the management of their affairs for a short period of time, perhaps during a period of active illness. Other patients may require assistance for long periods. So the Tribunal can make an interim financial management order (for a period of up to six months), or a FMO which will continue until it is revoked.

Can a patient appeal against a Financial Management Order made by the Tribunal?

Yes, a patient can appeal to the Supreme Court against a financial management order made by the Tribunal. 

An appeal may also be lodged with the NSW Civil and Administrative Tribunal (NCAT) against an order made by the Tribunal or a Magistrate that the estate of a person be subject to management by the NSW Trustee. An appeal to NCAT may be made by the person to whom the order relates or any other person who was a party to the proceedings in which the order was made.