QZL [2020] NSWCATGD 37

QZL [2020] NSWCATGD 37

The Tribunal made a financial management order because the undisputed medical evidence from Dr Z and Dr Y, supported by evidence from QZL's husband and son, established that QZL had dementia and was incapable of managing her financial affairs; there was a practical need and it was in her best interests for someone to manage her bank accounts, sale of jointly owned NSW property, payment of the refundable accommodation deposit, expenses and motor vehicle; and EBL was a suitable private financial manager subject to the authorities and directions of the NSW Trustee and Guardian. The guardianship application was dismissed because EBL requested withdrawal, there was no current need for a...

Jurisdiction
Australia
Judgment Date
02 March 2020
Procedural Posture
Guardianship Application and Financial Management Application / Final Decision
Outcome
The guardianship application was dismissed and a financial management order was made appointing EBL as financial manager of QZL's estate.
Legal Topics
['withdrawal of Guardianship Application' 'financial Management Order' 'incapacity to Manage Financial Affairs' 'mixed Dementia' 'appointment of Private Financial Manager' 'nsw Trustee and Guardian Authorities']
['guardianship' 'financial Management'] ['withdrawal of Guardianship Application' 'financial Management Order' 'incapacity to Manage Financial Affairs' 'mixed Dementia' 'appointment of Private Financial Manager' 'nsw Trustee and Guardian Authorities']

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Procedural Posture

Guardianship Application and Financial Management Application / Final Decision

Legal Issues

  1. 1 ['Whether QZL was incapable of managing her financial affairs.' "Whether there was a need for another person to manage QZL's affairs and whether it was in her best interests for a financial management order to be made." "Who should be appointed as financial manager of QZL's estate." 'Whether the guardianship application should be dismissed after EBL requested to withdraw it.']

Ratio Decidendi

The Tribunal made a financial management order because the undisputed medical evidence from Dr Z and Dr Y, supported by evidence from QZL's husband and son, established that QZL had dementia and was incapable of managing her financial affairs; there was a practical need and it was in her best interests for someone to manage her bank accounts, sale of jointly owned NSW property, payment of the refundable accommodation deposit, expenses and motor vehicle; and EBL was a suitable private financial manager subject to the authorities and directions of the NSW Trustee and Guardian. The guardianship application was dismissed because EBL requested withdrawal, there was no current need for a...

Court Disposition

The guardianship application was dismissed and a financial management order was made appointing EBL as financial manager of QZL's estate.

Orders

  • ['The guardianship application is dismissed because the Applicant has withdrawn the application and the Tribunal consents.' 'The estate of QZL is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'EBL of [Address removed for publication.] is appointed as the financial manager of the estate.'...