DZG [2020] NSWCATGD 12

DZG [2020] NSWCATGD 12

There was no medical or other evidence that DZG had a disability affecting her decision-making capacity, and she was able to explain her decision to move into residential care. The Tribunal therefore could not be satisfied that she was a person for whom a guardianship order could be made. The Tribunal was also unable to find that DZG was incapable of managing her day-to-day finances because she could explain her current financial arrangements and reasons for making her sons signatories to her accounts; in any event, informal management by her sons was sufficient and the irrevocable undertaking did not create a need for a financial management order. BYG withdrew both applications and the...

Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Guardianship Application and Financial Management Application / Applications Withdrawn and Dismissed at Hearing
Outcome
The applications are dismissed because BYG has withdrawn the applications and the Tribunal consents.
Legal Topics
['application for Guardianship Order' 'person in Need of a Guardian' 'decision Making Capacity' 'application for Financial Management Order' 'capability to Manage Affairs' 'informal Financial Supports']
['guardianship' 'financial Management'] ['application for Guardianship Order' 'person in Need of a Guardian' 'decision Making Capacity' 'application for Financial Management Order' 'capability to Manage Affairs' 'informal Financial Supports']

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Procedural Posture

Guardianship Application and Financial Management Application / Applications Withdrawn and Dismissed at Hearing

Legal Issues

  1. 1 ['Whether DZG was someone for whom the Tribunal could make a guardianship order because she had a disability preventing her from making important life decisions.' 'Whether the Tribunal should make a guardianship order and, if so, who should be guardian and for how long.' 'Whether DZG was incapable of managing her affairs.' "Whether there was a need for another person to manage DZG's affairs and whether it was in her best interests for a financial management order to be made." 'If a financial management order were made, who should be appointed financial manager.']

Ratio Decidendi

There was no medical or other evidence that DZG had a disability affecting her decision-making capacity, and she was able to explain her decision to move into residential care. The Tribunal therefore could not be satisfied that she was a person for whom a guardianship order could be made. The Tribunal was also unable to find that DZG was incapable of managing her day-to-day finances because she could explain her current financial arrangements and reasons for making her sons signatories to her accounts; in any event, informal management by her sons was sufficient and the irrevocable undertaking did not create a need for a financial management order. BYG withdrew both applications and the...

Court Disposition

The applications are dismissed because BYG has withdrawn the applications and the Tribunal consents.

Orders

  • ['The guardianship application is dismissed because BYG has withdrawn the application and the Tribunal consents.' 'The financial management application is dismissed because BYG has withdrawn the application and the Tribunal consents.']