TBU [2021] NSWCATGD 30

TBU [2021] NSWCATGD 30

TBU is a person with a disability preventing him from making important life decisions and managing his affairs. Due to the absence of a suitable private person and in order to protect TBU from neglect, abuse, and financial exploitation—particularly in view of his sister HAU's conduct and incapacity—the Public Guardian and NSW Trustee and Guardian should be appointed for a period of 12 months to manage TBU's personal and financial affairs.

Jurisdiction
Australia
Judgment Date
13 September 2021
Procedural Posture
Guardianship and Financial Management Application / Final Determination After Hearing
Outcome
Guardianship and financial management orders made as requested. Public Guardian and NSW Trustee and Guardian appointed.
Legal Topics
['appointment of Guardian' 'enduring Power of Attorney' 'incapacity' 'appointment of Financial Manager' 'elder Abuse' 'protection From Exploitation']
['guardianship' 'financial Management'] ['appointment of Guardian' 'enduring Power of Attorney' 'incapacity' 'appointment of Financial Manager' 'elder Abuse' 'protection From Exploitation']

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Procedural Posture

Guardianship and Financial Management Application / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether TBU is a person in need of a guardian due to disability' 'Whether a guardianship order and/or a financial management order should be made for TBU' 'Who should be appointed as guardian and financial manager of TBU']

Ratio Decidendi

TBU is a person with a disability preventing him from making important life decisions and managing his affairs. Due to the absence of a suitable private person and in order to protect TBU from neglect, abuse, and financial exploitation—particularly in view of his sister HAU's conduct and incapacity—the Public Guardian and NSW Trustee and Guardian should be appointed for a period of 12 months to manage TBU's personal and financial affairs.

Court Disposition

Guardianship and financial management orders made as requested. Public Guardian and NSW Trustee and Guardian appointed.

Orders

  • ['Guardianship order is made for TBU.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 13 September 2021.' 'This is a limited guardianship order giving the guardian(s) custody of TBU to the extent necessary to carry out the access,...