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A guide toYour nearest Public Trustee officeBirtinyaMaryboroughBrendaleMount hportGladstoneToowoombaIpswichTownsvilleMackayIf you have any questions, we’re hereto help. To book an appointment,you can:call us on1300 360 044visit our websiteA guide to Personal Financial Administration / Carers NOVEMBER 2020www.pt.qld.gov.auPersonal FinancialAdministrationA guide for carers, family,and support people
We care aboutyour rightsThe Public Trustee places thehuman rights of individuals atthe heart of our service delivery.
About this guideThis guide is for the support people—whethersocial workers, family or friends—of a personwho the Public Trustee assists to managetheir finances.This guide will help explain the process thePublic Trustee undertakes when we are appointedas an administrator for financial matters.Why the Public Trustee?At times, individuals in our communityneed assistance with their financialaffairs—this is where we can help.We provide personal and ongoingsupport tailored to the needs of ourcustomers who, due to disability,illness or injury are unable to managesome or all of their financial affairs.When the Queensland Civil andAdministrative Tribunal (QCAT) or thecourt appoints us to act as a financialadministrator, our job is to workin partnership with our customersregarding financial matters, to providesecurity and peace of mind.How we helpThe Public Trustee providesindependent and impartial servicesas administrator or attorney and canassist in managing financial mattersfor an individual.3supporthelpassistassistWe will ensure the correct incomeis received, accounts are paid and abudget is maintained.W e seek and take into account ourcustomers’ views, wishes and preferencesto the greatest extent practicableW e work to safeguard assets and protectour customers from financial abuse,exploitation and neglectW e make decisions that are least restrictiveof our customers’ rights, interests andopportunitiesW e actively encourage and supportcustomers to make their own financialdecisions to the greatest extent practicableopportunities4
What happens now?When we are appointed as a financialadministrator, there are several thingswe need to do to get things set up.Initially, it’s important for us to meet withthe customer and their support people.We want to understand our customers’ views,wishes and preferences regarding how theirfinances are managed. Together, we willcreate a budget and plan for the future withthe customers’ views and rights in mind.If customers’ circumstances or prioritieschange in the future, we will work with themand their support network to change thefinancial management plan.1. W e can be appointed by QCAT or a court toadminister a person’s financial affairs.2. W e review the material provided to us by QCAT or acourt and contact the customer (and their supportnetwork) to arrange a meeting at one of our offices,or elsewhere, such as their care facility.3. W e ask questions to ensure we understand thecustomer’s needs; their views, wishes and preferences;and the complexity of their financial affairs.4. T o do this effectively, it’s important we have anunderstanding of each person’s lifestyle goalsand support needs.55. W e then review their regular household bills andwith their input, develop a budget so that we canarrange payment of their bills and everyday livingexpenses, on their behalf.6. W e will identify and manage any income theyare entitled to or income from other sources,including pension entitlements.7. W e will contact creditors and arrange for anyoutstanding debts to be paid.8. W e can identify and attempt to resolve any unsettledfinancial legal issues.6
A unique plan that genuinelyreflects our customers’ needsPayment of Accounts and BillsPersonal Trust OfficerAs part of an individual’s budget,we can pay some, or all, of anindividual’s bills. This includesaccommodation, living expenses,insurance, registration, rates andmedical expenses. We’ll also makesure considerations are included inthe budget so funds are availablewhen required.A dedicated Trust Officer willassist the customer with themanagement of their financialaffairs. If the dedicated TrustOfficer is not available, anotherTrust Officer will assist.To achieve the best possibleoutcomes, a range of qualifiedprofessionals in taxation,financial investments, propertymanagement and law, supportthe Trust Officer.Income and InvestmentsPart of our service is to ensure that our customerreceives their full entitlements, such as any relevantCentrelink benefits. As required, we manageall income including pensions, rent, dividendsfrom shares, interest from bonds, and any otherinvestments.Financial Management PlanThe Public Trustee is bound toensure we manage financeseffectively and responsibly.Statement of AccountWith an understanding of thecustomer’s views, wishes andpreferences, we will work with themto build a personal financial plan(budget).The plan will detail all income andexpenses, as well as future capitalexpenditure. It will support theirpersonal goals and lifestyle. As theircircumstances and priorities change,we will work with them to changetheir plan.The Public Trustee maintains clear and accuraterecords, including receipts of all action taken onthe individual’s behalf. We will provide annualfinancial statements showing:FinancialManagementPlanIncomereceivedBills paidAssets andliabilitiesIf there are other financial investments,investment income is also reported viaregular investment statements.78
Investment AdviceTaxationCustomer’s funds can be invested to providefuture income and help maintain quality of life.Investment strategies are designed to ensure thatthe individual’s financial needs are met today andinto the future.Our qualified tax agents provide tax advice andattend to all taxation requirements, including thecompletion of annual income tax returns.It is important that we spend time getting to knowour customers, so we can help manage boththeir short and long-term financial needs. Thisunderstanding helps inform preparation of thecustomer’s investment plan.The Official Solicitor to the Public Trustee canprovide legal services to the Public Trustee onlegal matters relating to an individual’s financesor property.External financial planning advice is obtained whererequired. Our internal investment unit reviews allfinancial advice provided by licenced financialservice providers.We can also develop or continue to help manageany existing investment portfolios.In partnership with the customer and their supportnetwork, we will review the customer’s investmentplan at least once a year.Legal ServicesReal Estate ManagementIf a customer owns property, we can help to manageit for them. This may include organising regularproperty inspections, attending to local council andstate government requirements, payment of rates,or overseeing repairs and maintenance. If required,we can also arrange valuations and property sales.Disability Support OfficerOur Disability Support Officers are qualifiedOccupational Therapists who provide specialisedexpertise and advice to Trust Officers on matterssuch as:Specialist medical equipmentHome and vehicle modificationAccommodation support servicesGovernment and non-governmentdisability services910
Financial securityWe will always look out for aperson’s financial security.How we support our customers tomake decisions about financesThe Public Trustee places the human rights of individuals,especially the most vulnerable, at the heart of ourservice delivery.We support customers to make or participate infinancial decisions to the greatest extent practicable,taking into account their views, wishes and preferences.11In practice, what this means is we will involve eachindividual in decision making, and support them tothink through the impacts of their desired outcome.Generally, if the individual wishes to do something,and it’s within their budget, we will work with themto find a solution.12
How are we governed?The duties of an administrator are highlightedin the Guardianship and Administration Act2000. The Act sets out general principlesthat an administrator must apply.These principles inform and structure our decisionmaking. They ensure we act in a way that:12promotes andsafeguards, andis least restrictiveof our customers’rights, interests,and opportunities.The Act also sets out the following obligationsfor administrators:If the Public Trustee is appointed as customers’financial attorney (rather than administrator)under an Enduring Power of Attorney document,our actions are governed by the Powers ofAttorney Act 1998.What is an administrator?At times, individuals in our community need help withtheir financial affairs; this is where an administrator,such as the Public Trustee can help.An administrator must act in line with the Guardianshipand Administration Act 2000 and the directions ofQCAT or a court order.What is a guardian?Act honestly and with reasonable diligence.Follow any directions given by QCAT or the court.N ot enter into transactions where there is aconflict of interest.K eep accurate records—QCAT may ask for therecords to be audited.C onsult and act collaboratively with othersappointed to make decisions for the individual.F ollow the provisions of the Act when undertakingreal estate and security transactions or makinginvestments for the customer. nsure gifts or donations made by the customerEare reasonable and reflect what their wisheswould be if they had capacity.E nsure the reasonableness of any provisionmade for a customer’s dependants (out of thecustomers funds)13The Public Trustee is not the same as the PublicGuardian.A guardian is a person QCAT appoints to help anadult with impaired decision making capacity.The guardian promotes and safeguards the adult’srights, interests and opportunities by making certainpersonal and health care decisions on their behalf.What we don’t doWe do not make personal or health caredecisions, such as where the person willlive and what services or health care theywill receive. However, QCAT or the court mayappoint a formal guardian to help them withthese decisions.14
How is an administratoror guardian appointed?Who can be appointedas an administrator?Applications to QCAT for the appointmentof an administrator can be made by a familymember, close friend, professional or byany person who has a genuine interestin the welfare of the adult—including theindividual themselves.QCAT or a court will consider theappropriateness of proposed administrators,taking into account a range of factors.Some of these factors include whether theproposed administrator is:Or, if in a civil proceeding the court orders anamount to be paid to an adult with impairedcapacity, the court may appoint an administrator.a ble to provide appropriate assistanceto the adultreadily availablep ossesses the financial ability andaccountability, andPeople may also apply to QCAT to appointa guardian. QCAT can appoint guardians tomake personal decisions on an individual’sbehalf in relation to matters such as:accommodationthe provision of serviceshealth and personal mattersl egal matters not relating to theindividual’s finances and property, andwith whom the individual has contact.The Public Trustee is not thesame as the Public Guardian.QCAT or a court will determine whether a guardianand/or administrator is needed, and the bestperson or organisation for these roles. A preferredguardian and/or administrator may be nominated inthe application however, QCAT or a court will makethe final decision.15in a position of conflict.An administrator must be:over the age of 18not bankrupt, andn ot a paid carer or health providerfor the adult.The Public Trustee can be appointed asadministrator (but not as guardian).As the largest administrator in Queensland,we currently help manage the financialmatters of over 9,500 individuals.We are fully accountable and impartial.You can count on us to always be there.To find out more about how a guardian oradministrator is appointed, visit our websitewww.pt.qld.gov.au16
How is an administratoror guardian appointed?We support customers to make orparticipate in financial decisions to thegreatest extent possible. We do thisthrough a structured approach:1. W e support the customer to the greatestextent practicable in making their owndecisions.2. W e support the customer to express theirviews, wishes and preferences, and takethese into account to the greatest extentpracticable.3. If the customer’s views, wishes andpreferences cannot be determined,we use the principles of substitutejudgement to try and work out what theadult’s views wishes and preferenceswould be.4. Once these factors are taken into account,we can make a considered decision.This approach to decision-makingensures that we act in a way that bothpromotes and safeguards, and is leastrestrictive of, our customer’s rights,interests and opportunities.1718
FeesThe Public Trustee charges fees for actingas administrator or financial attorney.The fees are based on the level of serviceprovided to customers, depending on theirneeds.Our fees consist of two parts:Part one — personal financialadministration feeThis fee reflects the level of support and contactrequired by the customer.This may include receiving income, paying bills,maintaining financial records, negotiating withagencies such as Centrelink about benefits, andday-to-day administration.Broadly speaking, the fee we charge is determinedby where the person lives and how their incomeis paid.For example, if they live in a government-fundedcare facility or hospital and the income is paiddirectly to that organisation, the amount of contactwith us may be quite low, therefore our fee forservices will be lower.Alternatively, if the customer lives in the communityand needs more assistance, then our administrationfee is likely to be greater.Part two — Asset Management FeeThis fee applies when we are required toadminister assets, which may involve helping tomanage cash or investments. The principal placeof residence, personal and household items, andmotor vehicles, are excluded when calculating theasset management fee.If the customer owns property not classified as theirprincipal place of residence, a yearly realty fee ischarged for each property, regardless of the value.Occasionally there may be situations where theperson needs our help to attend to complexfinancial matters, such as dealing with overseasauthorities, buying or selling assets outside ofQueensland, or administering complex assets andliabilities, such as a business.For these services, fees are charged at an hourlyrate – which is published in the Public Trustee Fees& Charges Notice on our website.If the customer’s circumstances change during theyear, resulting in them needing more or less supportfrom us, our fee will be reviewed and adjustedso that it fairly reflects the level of support andservices we provide. Depending on the individualcircumstances, other outlays may be charged.These outlays may include:p rofessional fees for tax agents, valuers andstockbrokers, andt he cost of any legal services or activitiesnecessary in the sale of real estate.Both the court and QCAT can make orders of alimited nature. Depending on the terms of the order,costs may vary from the above-mentioned fees.Any fees will be explained as part of the initial meetingwith the individual and/ or their support network.1920
Protecting their privacyThe Public Trustee collects and manages personalinformation in the course of performing its activities,functions and duties in accordance with the PublicTrustee Act 1978.The way in which the Public Trustee manages personalinformation is governed by the Information PrivacyAct 2009.This means there are restrictions on how we can use,and when we can disclose personal information.We do not disclose personal information outside ofthe Public Trustee unless we are required to do so bylaw or unless the individual has given us consent tosuch disclosure.If you would like to read our Privacy Statement,please visit our website at:www.pt.qld.gov.au/site-footer/privacyProviding feedbackFor feedback, concerns or to make a complaint,please contact us by:Phone: 1300 360 044Email: complaints@pt.qld.gov.auWhen we receive a complaint, we will ask you forall the details. We will then review this and letyou know the outcome by phone, email or letter.If you are not happy with our response, thereare other avenues open to you, such as theQueensland Ombudsman.We’re here to help21Our customers’ financial wellbeingis at the heart of everything we do.You can contact the Queensland Ombudsman by:Phone: 1800 068 908Email: v.au22
the individual's financial needs are met today and into the future. It is important that we spend time getting to know our customers, so we can help manage both their short and long-term financial needs. This understanding helps inform preparation of the customer's investment plan. External financial planning advice is obtained where required.
