KDH [2016] NSWCATGD 17

KDH [2016] NSWCATGD 17

The Tribunal was not satisfied, on medical and other evidence, that Mr KDH had recovered capacity to manage his financial affairs, nor that it was in his best interests to revoke the financial management order, due to his demonstrated inability to budget or plan for his long-term needs and risk of dissipation of funds.

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Application to Revoke Financial Management Order / Review Hearing
Outcome
financial management order confirmed
Legal Topics
['revocation of Financial Management Order' 'capacity to Manage Financial Affairs']
['guardianship' 'financial Management'] ['revocation of Financial Management Order' 'capacity to Manage Financial Affairs']

Case Brief

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Procedural Posture

Application to Revoke Financial Management Order / Review Hearing

Legal Issues

  1. 1 ['Whether Mr KDH has regained capacity to manage his financial affairs' 'Whether it is in the best interests of Mr KDH that the order be revoked']

Ratio Decidendi

The Tribunal was not satisfied, on medical and other evidence, that Mr KDH had recovered capacity to manage his financial affairs, nor that it was in his best interests to revoke the financial management order, due to his demonstrated inability to budget or plan for his long-term needs and risk of dissipation of funds.

Court Disposition

financial management order confirmed

Orders

  • ['The financial management order appointing the NSW Trustee and Guardian as financial manager for Mr KDH is confirmed.']