TQU [2016] NSWCATGD 54

TQU [2016] NSWCATGD 54

As Ms BFT and Mr MLS had standing and demonstrated a long-standing, genuine commitment to Mr TQU's welfare, and as Mr TQU was incapable of managing his affairs, a financial management order was in his best interests to facilitate his NDIS arrangements, address banking and property issues, and respond to the diminished service from the NSW Trustee and Guardian. Guardianship was unnecessary given the applicants' existing role as his NDIS nominees and carers.

Jurisdiction
Australia
Judgment Date
27 October 2016
Procedural Posture
Guardianship and Financial Management Application / Decision at First Instance
Outcome
Guardianship application withdrawn and dismissed; financial management order made for six months, appointing Ms BFT and Mr MLS jointly and severally as financial managers, subject to review.
Legal Topics
['guardianship Order Application' 'financial Management Order' 'national Disability Insurance Scheme (ndis)' 'standing of Applicants' 'appointment of Financial Manager' 'review of Financial Management Order']
['guardianship Law' 'financial Management'] ['guardianship Order Application' 'financial Management Order' 'national Disability Insurance Scheme (ndis)' 'standing of Applicants' 'appointment of Financial Manager' 'review of Financial Management Order']

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Procedural Posture

Guardianship and Financial Management Application / Decision at First Instance

Legal Issues

  1. 1 ['Should a guardianship order be made for Mr TQU?' 'Is Mr TQU incapable of managing his affairs?' 'Is there a need for a financial management order for Mr TQU, and is it in his best interests?' 'Who should be appointed financial manager?' 'Should the financial management order be subject to review?']

Ratio Decidendi

As Ms BFT and Mr MLS had standing and demonstrated a long-standing, genuine commitment to Mr TQU's welfare, and as Mr TQU was incapable of managing his affairs, a financial management order was in his best interests to facilitate his NDIS arrangements, address banking and property issues, and respond to the diminished service from the NSW Trustee and Guardian. Guardianship was unnecessary given the applicants' existing role as his NDIS nominees and carers.

Court Disposition

Guardianship application withdrawn and dismissed; financial management order made for six months, appointing Ms BFT and Mr MLS jointly and severally as financial managers, subject to review.

Orders

  • ['The Tribunal consented to the withdrawal of the application for a guardianship order for Mr TQU.' 'The application for a guardianship order is dismissed (section 55(1)(a), Civil and Administrative Tribunal Act 2013).' 'The estate of Mr TQU is subject to management under the NSW Trustee and Guardian Act 2009.' 'Ms...