NSWTG apologise for ignoring requests to release funds for home repairs where man died in squalor

NSW Trustee and Guardian (NSWTG) has officially apologised to the family of Steven Colley, a 57-year-old disabled man from Kingscliff, who died in squalid conditions after the NSWTG did not respond to repeated requests to repair the property.

Mr Colley was found to lack capacity because of his mental illness, resulting in the management of Mr Colley’s property and his inheritance being held in trust by the NSWTG. Under NSW law, if a person is deemed to lack capacity to control their own affairs, the Supreme Court of NSW, NSW Civil & Administrative Tribunal (NCAT), or the Mental Health Tribunal can appoint a financial manager – such as a private individual or the NSWTG – to manage a person’s financial affairs.

Mr Colley’s cousin, Michael Beehag, said the NSWTG had been asked to release funds on more than one occasion in order to fix worsening structural issues, such as a leak in the verandah roof, rotting and mould infestation that had taken over the house.

Just two days after his death, the body of Mr Colley was found in an advanced state of decay inside his property which was described as a “severe health hazard.” Following Mr Colley's death on June 5 last year, the NSWTG wanted a $25,000 administration fee to settle his estate and transfer the property title to Mr Beehag. His lawyer stated:

“It is unfair that they charged fees whilst managing his trust, despite an admission to the NSW Ombudsman of their mismanagement of the trust… NSW Trustee and Guardian is directly responsible for the substandard conditions in which the deceased lived at the time of his death.”

The administration fees have now been waived, with Trustee and Guardian chief executive, Adam Dent, saying that the NSWTG accepts it should've been more proactive communicating with Mr Colley and his family:

"We recognise and acknowledge in relation to this trust we have not delivered services to an acceptable standard. This includes how we have responded to requests and the regularity of our communication. We apologise to Steven's family for this.”

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