NIU [2016] NSWCATGD 77

NIU [2016] NSWCATGD 77

Mrs NIU was incapable of managing her affairs because medical evidence and unchallenged evidence showed advanced dementia and inability to manage finances. A financial management order was needed and in her best interests because nursing home paperwork and accommodation payment decisions remained unresolved, Centrelink's assets assessment and the ownership of regional NSW property required investigation, and the existing attorneys had not effectively managed her affairs. Mr HZU was unsuitable due to the unresolved conflict of interest concerning the property and the previous failure by the attorneys to manage matters effectively; no other suitable private person was available, so the...

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Financial Management Application in the Guardianship Division / Adjourned Hearing
Outcome
Financial management order made; management of Mrs NIU's estate committed to the NSW Trustee and Guardian; order to be reviewed within 12 months.
Legal Topics
['financial Management Order' 'best Interests' 'incapacity to Manage Affairs' 'power of Attorney' 'conflict of Interest' 'appointment of NSW Trustee and Guardian' 'reviewable Financial Management Order']
['guardianship' 'financial Management'] ['financial Management Order' 'best Interests' 'incapacity to Manage Affairs' 'power of Attorney' 'conflict of Interest' 'appointment of NSW Trustee and Guardian' 'reviewable Financial Management Order']

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Procedural Posture

Financial Management Application in the Guardianship Division / Adjourned Hearing

Legal Issues

  1. 1 ['Whether Mrs NIU is incapable of managing her affairs.' "Whether there is a need for another person to manage Mrs NIU's affairs and whether it is in her best interests for a financial management order to be made." 'Who should be appointed financial manager.' 'Whether a reviewable financial management order should be made.']

Ratio Decidendi

Mrs NIU was incapable of managing her affairs because medical evidence and unchallenged evidence showed advanced dementia and inability to manage finances. A financial management order was needed and in her best interests because nursing home paperwork and accommodation payment decisions remained unresolved, Centrelink's assets assessment and the ownership of regional NSW property required investigation, and the existing attorneys had not effectively managed her affairs. Mr HZU was unsuitable due to the unresolved conflict of interest concerning the property and the previous failure by the attorneys to manage matters effectively; no other suitable private person was available, so the...

Court Disposition

Financial management order made; management of Mrs NIU's estate committed to the NSW Trustee and Guardian; order to be reviewed within 12 months.

Orders

  • ['The estate of Mrs NIU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'The management of the estate of Mrs NIU is committed to the NSW Trustee and Guardian.' 'This order be reviewed by the Tribunal within 12 months.']