UBK [2018] NSWCATGD 22

UBK [2018] NSWCATGD 22

Based on uncontroverted medical and professional evidence, Mr UBK is not able to manage his affairs due to cognitive communication deficits following a stroke. There is a need for a financial manager, and Mr KZL is suitable, willing, and without present impediment to appointment as financial manager. The order is protective and reviewable within 12 months to enable resolution of specific arrangements.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Guardianship Application / Final Determination
Outcome
financial management order made
Legal Topics
['financial Management Order' 'appointment of Financial Manager' "subject Person's Incapability" 'protective Principles']
['guardianship' 'protective Jurisdiction'] ['financial Management Order' 'appointment of Financial Manager' "subject Person's Incapability" 'protective Principles']

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Procedural Posture

Guardianship Application / Final Determination

Legal Issues

  1. 1 ['Is Mr UBK incapable of managing his affairs?' "Is there a need for another person to manage Mr UBK's affairs and would it be in his best interests for a financial management order to be made?" 'Who should be appointed as financial manager?']

Ratio Decidendi

Based on uncontroverted medical and professional evidence, Mr UBK is not able to manage his affairs due to cognitive communication deficits following a stroke. There is a need for a financial manager, and Mr KZL is suitable, willing, and without present impediment to appointment as financial manager. The order is protective and reviewable within 12 months to enable resolution of specific arrangements.

Court Disposition

financial management order made

Orders

  • ['The estate of UBK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'KZL is appointed as the financial manager of the estate, subject to necessary authorities from NSW Trustee and Guardian.' 'Order be reviewed by the Tribunal within 12 months.']