BDN [2014] NSWCATGD 15

BDN [2014] NSWCATGD 15

Mrs BDN was found partially incapable of managing her person and wholly incapable of managing her finances due to cognitive impairments and lack of informed understanding; family conflict and financial mismanagement warranted appointment of independent guardians and managers; the enduring guardianship appointment was confirmed but suspended pending the limited order; the power of attorney could not be reinstated as it would not serve Mrs BDN’s best interests; the estate was committed to NSW Trustee and Guardian; guardianship and financial management orders were subject to review in six months.

Parties
Subject: Mrs BDN; Applicant: Mrs TFX; Applicant, Enduring Guardian, Attorney: Mr MPN; Appointed Financial Manager: NSW Trustee and Guardian; Appointed Guardian: Public Guardian
Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Guardianship and Financial Management Applications / Final Hearing and Decision
Outcome
orders made; review applications dismissed
Legal Topics
Capacity, Enduring Power of Attorney, Enduring Guardianship, Family Conflict, Financial Mismanagement
Guardianship Financial Management Capacity Enduring Power of Attorney Enduring Guardianship Family Conflict Financial Mismanagement

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Parties

Mrs BDN

Subject

Mrs TFX

Applicant

Mr MPN

Applicant, Enduring Guardian, Attorney

NSW Trustee and Guardian

Appointed Financial Manager

Public Guardian

Appointed Guardian

Procedural Posture

Guardianship and Financial Management Applications / Final Hearing and Decision

Legal Issues

  1. 1 Does Mrs BDN have capacity to manage her person and finances?
  2. 2 Should a guardianship order be made and who should be appointed?
  3. 3 Should a financial management order be made and who should be appointed?

Ratio Decidendi

Mrs BDN was found partially incapable of managing her person and wholly incapable of managing her finances due to cognitive impairments and lack of informed understanding; family conflict and financial mismanagement warranted appointment of independent guardians and managers; the enduring guardianship appointment was confirmed but suspended pending the limited order; the power of attorney could not be reinstated as it would not serve Mrs BDN’s best interests; the estate was committed to NSW Trustee and Guardian; guardianship and financial management orders were subject to review in six months.

Court Disposition

orders made; review applications dismissed

Orders

  • Appointment of Public Guardian as guardian for Mrs BDN for 6 months for decisions about services, access, and advocacy.
  • Confirmation (but suspension) of Mr MPN as enduring guardian.