ETB [2020] NSWCATGD 48

ETB [2020] NSWCATGD 48

The Tribunal found that insufficient evidence existed to support a finding that ETB had regained capacity to manage his affairs, but determined that revocation of the financial management order was in ETB's best interests considering the likelihood of family support and benefits of encouraging self-reliance, normal community living, and minimising restriction of freedom of action.

Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Review or Revoke Financial Management Order / Final Determination
Outcome
Financial management order revoked
Legal Topics
['financial Management Order' 'revocation of Financial Management' 'best Interests of Protected Person' 'capability to Manage Affairs']
['guardianship Law'] ['financial Management Order' 'revocation of Financial Management' 'best Interests of Protected Person' 'capability to Manage Affairs']

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Procedural Posture

Review or Revoke Financial Management Order / Final Determination

Legal Issues

  1. 1 ['Whether ETB has regained capability to manage his own affairs' 'Whether it is in the best interests of ETB to revoke the financial management order']

Ratio Decidendi

The Tribunal found that insufficient evidence existed to support a finding that ETB had regained capacity to manage his affairs, but determined that revocation of the financial management order was in ETB's best interests considering the likelihood of family support and benefits of encouraging self-reliance, normal community living, and minimising restriction of freedom of action.

Court Disposition

Financial management order revoked

Orders

  • ['The financial management order made on 30 January 2018 is revoked from 2 September 2020.' 'The person appointed as manager of the estate is to pay over or hand over the estate to ETB.']