EZL [2020] NSWCATGD 31

EZL [2020] NSWCATGD 31

The evidence established that EZL is incapable of managing his financial affairs, is at risk of neglect or exploitation, and requires a financial manager; NAL is suitable and willing to be appointed, with the order reviewed in 12 months.

Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Financial Management Application / Final Orders and Review Direction
Outcome
Financial management order made appointing NAL as financial manager for EZL, subject to review in 12 months.
Legal Topics
['financial Management Order' 'capacity' 'appointment of Financial Manager']
['guardianship' 'financial Management'] ['financial Management Order' 'capacity' 'appointment of Financial Manager']

Case Brief

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Procedural Posture

Financial Management Application / Final Orders and Review Direction

Legal Issues

  1. 1 ['Is EZL incapable of managing his affairs?' "Is there a need for a financial management order and is it in EZL's best interests?" 'Who should be appointed as financial manager?']

Ratio Decidendi

The evidence established that EZL is incapable of managing his financial affairs, is at risk of neglect or exploitation, and requires a financial manager; NAL is suitable and willing to be appointed, with the order reviewed in 12 months.

Court Disposition

Financial management order made appointing NAL as financial manager for EZL, subject to review in 12 months.

Orders

  • ['The estate of EZL is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' "NAL is appointed as the financial manager of EZL's estate." 'The financial manager is not authorised to deal with the estate (other than to protect the assets) until all necessary authorities are obtained from the NSW...