NDM [2016] NSWCATGD 40

NDM [2016] NSWCATGD 40

Because Mrs NDM's stroke left her with severe expressive and receptive dysphasia and all parties agreed she lacked capacity to manage her financial affairs, and because the purported enduring power of attorney could not be relied on to meet her needs, there was a need and it was in her best interests to make a financial management order. Ms EAM and Mr BZM were suitable to be appointed jointly, while Mr SYM's family law proceedings and family distrust made joint appointment more likely to promote Mrs NDM's best interests and preserve family relationships.

Jurisdiction
Australia
Judgment Date
25 October 2016
Procedural Posture
Financial Management Application in the Guardianship Division / Decision After Hearing
Outcome
Financial management order made; Mr BZM and Ms EAM appointed jointly as Mrs NDM's financial managers, subject to the authorities and directions ordered by the NSW Trustee and Guardian.
Legal Topics
['capacity to Manage Financial Affairs' 'appointment of Private Financial Managers' 'enduring Power of Attorney' 'best Interests and Welfare of Subject Person' 'referral to Legal Services Commissioner']
['guardianship' 'financial Management'] ['capacity to Manage Financial Affairs' 'appointment of Private Financial Managers' 'enduring Power of Attorney' 'best Interests and Welfare of Subject Person' 'referral to Legal Services Commissioner']

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Procedural Posture

Financial Management Application in the Guardianship Division / Decision After Hearing

Legal Issues

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

Ratio Decidendi

Because Mrs NDM's stroke left her with severe expressive and receptive dysphasia and all parties agreed she lacked capacity to manage her financial affairs, and because the purported enduring power of attorney could not be relied on to meet her needs, there was a need and it was in her best interests to make a financial management order. Ms EAM and Mr BZM were suitable to be appointed jointly, while Mr SYM's family law proceedings and family distrust made joint appointment more likely to promote Mrs NDM's best interests and preserve family relationships.

Court Disposition

Financial management order made; Mr BZM and Ms EAM appointed jointly as Mrs NDM's financial managers, subject to the authorities and directions ordered by the NSW Trustee and Guardian.

Orders

  • ["The Tribunal appointed Mr BZM and Ms EAM jointly as Mrs NDM's financial manager, subject to the authorities and directions ordered by the NSW Trustee and Guardian." 'The Tribunal joined Mr SYM to the proceedings as a party.' 'The Tribunal will refer the reasons to the Legal Services Commissioner and direct the...