HS v AS [2014] NSWSC 1498

HS v AS [2014] NSWSC 1498

The best interests of the protected person (AS) require that a locally resident manager (TS) be appointed to act jointly with HS, who is ordinarily resident outside NSW, for the effective management of AS's estate. Joint appointment is appropriate given both managers' familial relationship and TS's role as primary carer.

Jurisdiction
Australia
Judgment Date
29 October 2014
Procedural Posture
Application for Appointment of Protected Estate Manager / Final Orders Issued
Outcome
Orders made for joint appointment of protected estate managers; estate subject to management under NSW Trustee and Guardian Act; compensation funds to be paid out to managers; costs to be paid from estate.
Legal Topics
['appointment of Protected Estate Manager' 'joint Management' 'manager Resident Outside Jurisdiction' 'best Interests of Protected Person']
['mental Health' 'equity' 'protective Jurisdiction'] ['appointment of Protected Estate Manager' 'joint Management' 'manager Resident Outside Jurisdiction' 'best Interests of Protected Person']

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Procedural Posture

Application for Appointment of Protected Estate Manager / Final Orders Issued

Legal Issues

  1. 1 ['Is residence outside NSW a bar to appointment as manager under NSW Trustee and Guardian Act 2009 s 41(1)?' "What arrangements best serve the protected person's interests in appointing a manager?" 'Appropriateness of joint appointment of manager resident outside jurisdiction and locally resident manager']

Ratio Decidendi

The best interests of the protected person (AS) require that a locally resident manager (TS) be appointed to act jointly with HS, who is ordinarily resident outside NSW, for the effective management of AS's estate. Joint appointment is appropriate given both managers' familial relationship and TS's role as primary carer.

Court Disposition

Orders made for joint appointment of protected estate managers; estate subject to management under NSW Trustee and Guardian Act; compensation funds to be paid out to managers; costs to be paid from estate.

Orders

  • ['Declaration that AS is incapable of managing his affairs.' "Order that AS's estate be subject to management under NSW Trustee and Guardian Act 2009." "Order that HS and TS be jointly appointed managers of AS's estate, subject to NSW Trustee." 'Managers to assume management only when authorised by NSW Trustee.'...