LGT [2019] NSWCATGD 9

LGT [2019] NSWCATGD 9

The Tribunal revoked the financial management order because LGT demonstrated, through reliable and persuasive evidence, that she understood her assets, income, outgoings, budgeting needs, savings plans and risks, and because ongoing support from MFT and the advocacy group meant that she was reasonably able, at present and for the reasonably foreseeable future, to manage her affairs in a reasonable, rational and orderly way without undue risk of neglect, abuse or exploitation.

Jurisdiction
Australia
Judgment Date
10 January 2019
Procedural Posture
Application to Review or Revoke Financial Management Order / Decision After Hearing
Outcome
Financial management order revoked.
Legal Topics
['review or Revocation of Financial Management Order' 'regained Capacity to Manage Affairs' 'best Interests of Protected Person' 'protective Jurisdiction']
['guardianship and Financial Management'] ['review or Revocation of Financial Management Order' 'regained Capacity to Manage Affairs' 'best Interests of Protected Person' 'protective Jurisdiction']

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Procedural Posture

Application to Review or Revoke Financial Management Order / Decision After Hearing

Legal Issues

  1. 1 ['Whether the financial management order for LGT should be revoked on the regained capability ground or the best interests ground.' 'If the financial management order were not revoked, whether any variation should be made to it.']

Ratio Decidendi

The Tribunal revoked the financial management order because LGT demonstrated, through reliable and persuasive evidence, that she understood her assets, income, outgoings, budgeting needs, savings plans and risks, and because ongoing support from MFT and the advocacy group meant that she was reasonably able, at present and for the reasonably foreseeable future, to manage her affairs in a reasonable, rational and orderly way without undue risk of neglect, abuse or exploitation.

Court Disposition

Financial management order revoked.

Orders

  • ['The financial management order made on 21 November 2006 is revoked from 10 January 2019.' 'NSW Trustee and Guardian is to pay over or hand over the estate to LGT.']