72Consultation by NSW Trustee

72 Consultation by NSW Trustee

72 Consultation by NSW Trustee

(cf PE Act, s 50)

(1) The NSW Trustee must take the following steps before taking any action in respect of the estate of a managed person—

(a) the NSW Trustee must determine whether the action is of such a nature that the person or a relative or relatives of the person should be consulted about the action,

(b) if the NSW Trustee determines that consultation should take place, the NSW Trustee must cause to be taken all steps that are reasonably practicable in the circumstances to give notice to the person or the relative or relatives of the person of the action,

(c) the NSW Trustee must consider any submissions made in response to the notice within the time specified in the notice.

(2) In determining whether consultation is required in relation to the action, the NSW Trustee must consider all relevant circumstances and matters, including (without limitation) the following—

(a) the value of the estate,

(b) the value and nature of any particular property proposed to be affected,

(c) the consequences of the proposed action,

(d) the necessity or practicality of the proposed action,

(e) the extent (if any) to which the estate may be prejudiced by any delay in the proposed action being taken.