90Continuation of management after discharge etc

90 Continuation of management after discharge etc

90 Continuation of management after discharge etc

(cf PE Act, s 41 (2))

(1) This section applies if the NSW Trustee becomes aware that a protected person or patient whose estate is managed by the NSW Trustee—

(a) ceases to be under guardianship, or

(b) ceases to be a patient.

(2) If the NSW Trustee is not satisfied that the person is capable of managing his or her own affairs, the NSW Trustee must do all reasonably practicable things to inform the person—

(a) if the person is a protected person, that the person may apply to a specified body for the revocation of the order that the person’s estate be subject to management, and

(b) if the person is a patient who is not a protected person, that the person may apply to have the management terminated, and

(c) in any case, that if the order is not revoked or an application for termination is not made, management of the estate will continue at the discretion of the NSW Trustee.

(3) The NSW Trustee may, at the discretion of the NSW Trustee, continue to manage the property and affairs of the person until—

(a) the order that the estate of the person be subject to management under this Act is revoked or, in the case of a person who is not a protected person, an application for termination is made, or

(b) the NSW Trustee is satisfied that the person is capable of managing his or her affairs,

whichever first occurs.