KDG [2018] NSWCATGD 13

KDG [2018] NSWCATGD 13

A guardianship order could not authorise execution of a residential tenancy agreement as this is an estate matter; only a financial management order can confer this authority. KBI and BMM were found suitable and appointed as financial managers for KDG's estate subject to NSW Trustee and Guardian's directions.

Jurisdiction
Australia
Judgment Date
27 June 2018
Procedural Posture
Guardianship and Financial Management Application / Final Orders and Reasons for Decision
Outcome
Guardianship application dismissed (withdrawn); financial management order made appointing KBI and BMM jointly and severally as financial managers of KDG's estate.
Legal Topics
['guardianship Order Application' 'financial Management Order Application' 'authority to Execute Residential Tenancy Agreement' 'capacity and Disability Determination']
['guardianship Law' 'financial Management'] ['guardianship Order Application' 'financial Management Order Application' 'authority to Execute Residential Tenancy Agreement' 'capacity and Disability Determination']

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Procedural Posture

Guardianship and Financial Management Application / Final Orders and Reasons for Decision

Legal Issues

  1. 1 ['Whether a guardianship order should be made for KDG' 'Whether authority to execute residential tenancy agreement is a guardianship or financial management function' 'Whether a financial management order should be made for KDG' 'Who should be appointed as financial manager']

Ratio Decidendi

A guardianship order could not authorise execution of a residential tenancy agreement as this is an estate matter; only a financial management order can confer this authority. KBI and BMM were found suitable and appointed as financial managers for KDG's estate subject to NSW Trustee and Guardian's directions.

Court Disposition

Guardianship application dismissed (withdrawn); financial management order made appointing KBI and BMM jointly and severally as financial managers of KDG's estate.

Orders

  • ['The application for a guardianship order with respect to KDG is dismissed because KBI has withdrawn the application and the Tribunal consents.' 'The estate of KDG is subject to the management under the NSW Trustee and Guardian Act 2009.' 'BMM and KBI are appointed jointly and severally as the financial managers of...