FZX [2017] NSWCATGD 36

FZX [2017] NSWCATGD 36

Mrs FZX remains incapable of managing her affairs, and revocation of the financial management order would not be in her best interests. Discrepancies and omissions in the management of the estate by the NSW Trustee and Guardian, combined with Mr KAX's prior positive record, evidence of suitability, and willingness to act under supervision, justify replacing the NSW Trustee and Guardian with Mr KAX as financial manager, subject to oversight and reviewable conditions. The guardianship order should be continued, and the review of the identity of the guardian adjourned to ensure procedural fairness.

Parties
Subject Person: Mrs FZX; Applicant, Carer, Financial Manager: Mr KAX; Respondent, Former Financial Manager: NSW Trustee and Guardian; Guardian: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
21 April 2017
Procedural Posture
Guardianship Review and Financial Management Review / Substantive Hearing, Orders and Directions Issued
Outcome
Appointment of NSW Trustee and Guardian as financial manager revoked; Mr KAX appointed as financial manager for Mrs FZX, subject to oversight and conditions; guardianship review adjourned.
Legal Topics
Review of Appointment of Guardian, Revocation of Financial Management Order, Appointment of Financial Manager, Accommodation and Care of Person With a Disability, Estate Management
Guardianship Financial Management Elder Law Review of Appointment of Guardian Revocation of Financial Management Order Appointment of Financial Manager Accommodation and Care of Person With a Disability Estate Management

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Parties

Mrs FZX

Subject Person

Mr KAX

Applicant, Carer, Financial Manager

NSW Trustee and Guardian

Respondent, Former Financial Manager

NSW Public Guardian

Guardian

Procedural Posture

Guardianship Review and Financial Management Review / Substantive Hearing, Orders and Directions Issued

Legal Issues

  1. 1 Should the Tribunal revoke the financial management order for Mrs FZX?
  2. 2 Should the Tribunal revoke the appointment of NSW Trustee and Guardian as financial manager?
  3. 3 Who should be appointed as guardian and financial manager for Mrs FZX?

Ratio Decidendi

Mrs FZX remains incapable of managing her affairs, and revocation of the financial management order would not be in her best interests. Discrepancies and omissions in the management of the estate by the NSW Trustee and Guardian, combined with Mr KAX's prior positive record, evidence of suitability, and willingness to act under supervision, justify replacing the NSW Trustee and Guardian with Mr KAX as financial manager, subject to oversight and reviewable conditions. The guardianship order should be continued, and the review of the identity of the guardian adjourned to ensure procedural fairness.

Court Disposition

Appointment of NSW Trustee and Guardian as financial manager revoked; Mr KAX appointed as financial manager for Mrs FZX, subject to oversight and conditions; guardianship review adjourned.

Orders

  • The appointment of the NSW Trustee and Guardian as financial manager for Mr FZX is revoked.
  • Mr KAX is appointed as the financial manager of the estate of Mrs FZX, subject to the authority of the NSW Trustee and Guardian.