LBX [2016] NSWCATGD 49

LBX [2016] NSWCATGD 49

Although Ms LBX was incapable of managing her financial affairs and an alternative arrangement was required after ADHC tendering, her finances were modest, Mrs NFH was a long-standing committed support person willing to manage the accounts informally and experienced as a trustee, and it was not in Ms LBX's interests to impose the formality and cost of a financial management order.

Jurisdiction
Australia
Judgment Date
22 September 2016
Procedural Posture
Application for a Financial Management Order / Decision After Hearing
Outcome
The application for a financial management order in relation to the estate of Ms LBX is dismissed.
Legal Topics
['financial Management Order' 'informal Financial Management' 'intellectual Disability' 'adhc Accommodation Service Transfer']
['guardianship' 'financial Management'] ['financial Management Order' 'informal Financial Management' 'intellectual Disability' 'adhc Accommodation Service Transfer']

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Procedural Posture

Application for a Financial Management Order / Decision After Hearing

Legal Issues

  1. 1 ['Whether Ms LBX is incapable of managing her affairs.' "Whether there is a need for another person to manage Ms LBX's affairs and whether it is in her best interests for a financial management order to be made." 'If a financial management order should be made, who should be appointed financial manager.']

Ratio Decidendi

Although Ms LBX was incapable of managing her financial affairs and an alternative arrangement was required after ADHC tendering, her finances were modest, Mrs NFH was a long-standing committed support person willing to manage the accounts informally and experienced as a trustee, and it was not in Ms LBX's interests to impose the formality and cost of a financial management order.

Court Disposition

The application for a financial management order in relation to the estate of Ms LBX is dismissed.

Orders

  • ['The application for a financial management order is dismissed.' "The Tribunal recommended that Mrs NFH become signatory on Ms LBX's bank accounts, together with another person if Mrs NFH so wishes."]