Alliance for the Prevention of Elder Abuse
Frequently Asked Questions
1. What happens if I die without a Will? Does it go to the Government?
2. What happens if a person dies suddenly and it is unknown if they have a valid Will?
3. Can I make changes to my Will at any time?
4. What role can Public Trustee play in managing someone’s financial and legal affairs?
5. What does a Financial Administrator do?
6. What does a Manager do?
7. What does an Attorney do?
8. What are the differences and the roles performed by the South Australian Civil and Administrative Tribunal (SACAT), Public Advocate and Public Trustee in protecting vulnerable clients?
9. How can I protect myself from financial abuse?
10. What does Public Trustee charge to manage a customer’s financial
affairs?
ANSWER:
The administrator’s role covers most legal and financial matters affecting the protected person and is set in the Guardianship and Administration Act 1993. The financial matters include the collection of income, which may include dividends from shares, rents, pension entitlements or interest.
The administrator may pay accounts including accommodation, personal expenses, rents, rates, repairs, gas, electricity, medical, hospital and nursing home charges. In addition, the administrator will manage a protected person’s real estate and in some cases may be required to sell, rent or purchase a home, or pay entry contributions to a retirement village or aged care facility.
An administrator is legally responsible for making all, or some, of a protected person’s financial and legal decisions. This includes decisions about the person’s income and property. An administrator’s financial interests must not conflict with the interests of the protected person.
As an administrator Public Trustee will consult with you, your family, or a liaison person, to make sure your money and assets are used to enhance your well-being and lifestyle.
Public Trustee, as administrator, has all the powers and responsibilities of a Trustee. Therefore, Public Trustee has an obligation to develop an investment strategy for the person. This will mean that Public Trustee will review the financial assets of the protected person and restructure the assets if this is in the best interests of the protected person.