NDT [2014] NSWCATGD 33

NDT [2014] NSWCATGD 33

Given Mr NDT's incapacity and concerns about Mrs GKT's ability to act as attorney, together with the enduring power of attorney not operating as intended, it is in Mr NDT's best interests for a financial management order to be made, suspending the power of attorney and appointing Mrs POL as financial manager.

Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Financial Management Application / Final Decision
Outcome
Financial management order made; private manager appointed.
Legal Topics
['financial Management Order' 'enduring Power of Attorney' 'capacity' 'best Interests' 'appointment of Financial Manager']
['guardianship Law'] ['financial Management Order' 'enduring Power of Attorney' 'capacity' 'best Interests' 'appointment of Financial Manager']

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Procedural Posture

Financial Management Application / Final Decision

Legal Issues

  1. 1 ['Is Mr NDT capable of managing his affairs?' "Is there a need for another person to manage Mr NDT's affairs and is it in his best interests for a financial management order to be made?" 'Who should be appointed financial manager?']

Ratio Decidendi

Given Mr NDT's incapacity and concerns about Mrs GKT's ability to act as attorney, together with the enduring power of attorney not operating as intended, it is in Mr NDT's best interests for a financial management order to be made, suspending the power of attorney and appointing Mrs POL as financial manager.

Court Disposition

Financial management order made; private manager appointed.

Orders

  • ['Mrs POL appointed as financial manager for Mr NDT, subject to authorities and directions of the NSW Trustee and Guardian.' 'Making of the financial management order suspends the enduring power of attorney executed by Mr NDT.']