NES [2015] NSWCATGD 10

NES [2015] NSWCATGD 10

The Tribunal was satisfied that Mr NES remains incapable of managing his affairs, based primarily on the recent occupational therapist’s report and supporting evidence from family and the NSW Trustee and Guardian, despite Mr NES’ intelligence and ability to manage some day-to-day tasks. The existing financial management order should not be revoked as it remains necessary to protect his welfare and interests, but it should be varied to exclude income from employment, allowing Mr NES some financial independence subject to further review.

Jurisdiction
Australia
Judgment Date
21 January 2015
Procedural Posture
Review of Financial Management Order / Review Hearing
Outcome
Financial management order varied and confirmed
Legal Topics
['financial Management Order' 'incapacity' 'reviewable Order' 'exclusion of Employment Income']
['mental Health Law' 'guardianship Law'] ['financial Management Order' 'incapacity' 'reviewable Order' 'exclusion of Employment Income']

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Procedural Posture

Review of Financial Management Order / Review Hearing

Legal Issues

  1. 1 ['Does Mr NES remain incapable of managing his affairs?' 'Would it be in the best interests of Mr NES for the existing financial management order to be revoked?' 'If not revoked, should the financial management order be confirmed or varied, and if varied, what variations should be made?']

Ratio Decidendi

The Tribunal was satisfied that Mr NES remains incapable of managing his affairs, based primarily on the recent occupational therapist’s report and supporting evidence from family and the NSW Trustee and Guardian, despite Mr NES’ intelligence and ability to manage some day-to-day tasks. The existing financial management order should not be revoked as it remains necessary to protect his welfare and interests, but it should be varied to exclude income from employment, allowing Mr NES some financial independence subject to further review.

Court Disposition

Financial management order varied and confirmed

Orders

  • ['The financial management order for Mr NES is confirmed and varied to exclude income from employment from management under the order.' 'Order to be reviewed within six months.' 'Recommendation to obtain updated professional assessment of capability before the next hearing.' 'Notation that NSW Trustee and Guardian...