SCQ [2015] NSWCATGD 28

SCQ [2015] NSWCATGD 28

The Tribunal found that, although there was no evidence Mr SCQ had regained capacity, the continuation of the financial management order was not in his best interests as it caused stress, frustration, and contributed to criminal conduct and hostility toward staff; his estate was negligible and he could self-manage with informal support.

Parties
Protected Person: Mr SCQ
Jurisdiction
Australia
Judgment Date
01 September 2015
Procedural Posture
Application to Revoke Financial Management Order / Hearing and Final Determination
Outcome
financial management order revoked
Legal Topics
Financial Management Order, Revocation, Best Interests, Incapacity, Correctional Facility
Guardianship Law Financial Management Order Revocation Best Interests Incapacity Correctional Facility

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Parties

Mr SCQ

Protected Person

Procedural Posture

Application to Revoke Financial Management Order / Hearing and Final Determination

Legal Issues

  1. 1 Whether the financial management order over Mr SCQ's estate should be revoked
  2. 2 Whether it is in Mr SCQ's best interests for the order to be revoked
  3. 3 Whether Mr SCQ is capable of managing his own affairs

Ratio Decidendi

The Tribunal found that, although there was no evidence Mr SCQ had regained capacity, the continuation of the financial management order was not in his best interests as it caused stress, frustration, and contributed to criminal conduct and hostility toward staff; his estate was negligible and he could self-manage with informal support.

Court Disposition

financial management order revoked

Orders

  • The financial management order made on 19 August 2014 in relation to Mr SCQ is revoked.