LBL [2016] NSWCATGD 22

LBL [2016] NSWCATGD 22

It was practicable for services to be provided to Ms LBL without a guardianship order due to the availability of an informal support person and NDIA practices; appointment of guardian would have been an unnecessary intrusion. Ms LBL was incapable of managing her financial affairs due to intellectual disability, significant savings and absence of suitable alternative, so a financial management order was made with NSW Trustee and Guardian appointed.

Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Guardianship and Financial Management Application / Decision
Outcome
Application for guardianship dismissed; financial management order made
Legal Topics
['national Disability Insurance Scheme Nominee Provisions' 'principle of Least Restriction' 'financial Management Order']
['guardianship' 'financial Management'] ['national Disability Insurance Scheme Nominee Provisions' 'principle of Least Restriction' 'financial Management Order']

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Procedural Posture

Guardianship and Financial Management Application / Decision

Legal Issues

  1. 1 ['Does Ms LBL have a disability which prevents her from making important life decisions?' 'Should a guardianship order be made and if so, what is appropriate?' 'Is Ms LBL incapable of managing her financial affairs?' 'Is a financial management order needed and who should be appointed?']

Ratio Decidendi

It was practicable for services to be provided to Ms LBL without a guardianship order due to the availability of an informal support person and NDIA practices; appointment of guardian would have been an unnecessary intrusion. Ms LBL was incapable of managing her financial affairs due to intellectual disability, significant savings and absence of suitable alternative, so a financial management order was made with NSW Trustee and Guardian appointed.

Court Disposition

Application for guardianship dismissed; financial management order made

Orders

  • ['Application for guardianship dismissed' 'NSW Trustee and Guardian appointed as financial manager for Ms LBL']