CZT [2019] NSWCATGD 17

CZT [2019] NSWCATGD 17

Due to ongoing conflict between family and care facility, unresolved management issues and arrears, unexplained depletion and personal expenditure of estate funds, and CZT's ongoing incapacity, the Tribunal determined it is in CZT's best interests to appoint the Public Guardian as guardian and NSW Trustee and Guardian as financial manager for 12 months.

Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Guardianship and Financial Management Review / Review of Guardianship and Financial Management Orders
Outcome
Guardianship order renewed and varied; financial management order revoked and substituted; Public Guardian appointed as guardian, NSW Trustee and Guardian appointed as financial manager.
Legal Topics
['review of Guardianship Order' 'review or Revoke Financial Management Order' 'appointment of Guardian' 'appointment of Financial Manager' 'asset Management' 'conflict Between Family and Care Facility']
['guardianship' 'financial Management'] ['review of Guardianship Order' 'review or Revoke Financial Management Order' 'appointment of Guardian' 'appointment of Financial Manager' 'asset Management' 'conflict Between Family and Care Facility']

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Procedural Posture

Guardianship and Financial Management Review / Review of Guardianship and Financial Management Orders

Legal Issues

  1. 1 ['Whether the guardianship order for CZT should be renewed or varied' 'Whether the appointment of EZT as financial manager should be revoked' 'Who should be appointed guardian / financial manager']

Ratio Decidendi

Due to ongoing conflict between family and care facility, unresolved management issues and arrears, unexplained depletion and personal expenditure of estate funds, and CZT's ongoing incapacity, the Tribunal determined it is in CZT's best interests to appoint the Public Guardian as guardian and NSW Trustee and Guardian as financial manager for 12 months.

Court Disposition

Guardianship order renewed and varied; financial management order revoked and substituted; Public Guardian appointed as guardian, NSW Trustee and Guardian appointed as financial manager.

Orders

  • ['Public Guardian is appointed as guardian.' 'Guardianship order is for 12 months from 22 February 2019.' 'Limited guardianship order giving guardian(s) custody to the extent necessary to carry out specified functions.' 'Guardian functions include access, accommodation, health care, medical/dental consent, and...