ROV [2016] NSWCATGD 34

ROV [2016] NSWCATGD 34

Mrs ROV’s profound acquired brain injury renders her incapable of making decisions about her person and managing her financial affairs; a guardianship order and a financial management order are both necessary and in her best interests. Mr JKD is suitable as guardian and Mr UNX as financial manager, each appointment being the least restrictive order to secure her welfare and interests.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Guardianship and Financial Management Application / Final Decision After Hearing
Outcome
Guardianship order made for 12 months; financial management order made.
Legal Topics
['guardianship Order' 'financial Management Order' 'appointment of Guardian' 'best Interests' 'disability and Incapacity']
['guardianship Law' 'elder Law'] ['guardianship Order' 'financial Management Order' 'appointment of Guardian' 'best Interests' 'disability and Incapacity']

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Procedural Posture

Guardianship and Financial Management Application / Final Decision After Hearing

Legal Issues

  1. 1 ['Is Mrs ROV in need of a guardian due to disability and incapacity to make important decisions about her life?' 'Should a guardianship order be made and, if so, who should be appointed as guardian?' 'Is Mrs ROV incapable of managing her financial affairs?' 'Is there a need for a financial management order and who should be the financial manager?']

Ratio Decidendi

Mrs ROV’s profound acquired brain injury renders her incapable of making decisions about her person and managing her financial affairs; a guardianship order and a financial management order are both necessary and in her best interests. Mr JKD is suitable as guardian and Mr UNX as financial manager, each appointment being the least restrictive order to secure her welfare and interests.

Court Disposition

Guardianship order made for 12 months; financial management order made.

Orders

  • ['Mr JKD appointed as guardian for 12 months with functions of accommodation, health care, medical and dental consent, services, and advocacy.' "Mr UNX appointed as financial manager of Mrs ROV's estate, subject to supervision of the NSW Trustee and Guardian."]