PGB [2014] NSWCATGD 32

PGB [2014] NSWCATGD 32

Mrs PGB is found incapable of managing her financial affairs on the basis of medical and other evidence. Due to concerns and evidence of inadequate management by her attorney and significant degradation in financial position, it is in Mrs PGB's best interests that a financial management order be made. Her daughters, Ms IAB and Ms TBB, are suitable persons to be appointed as joint financial managers, subject to directions and oversight by the NSW Trustee and Guardian, and special orders regarding a loan to Ms IAB.

Jurisdiction
Australia
Judgment Date
19 September 2014
Procedural Posture
Financial Management Application / Final Determination
Outcome
financial management order made; joint private managers appointed; review in three months; directions issued to attorney regarding disclosure of information and asset control.
Legal Topics
['incapacity' 'appointment of Financial Manager' 'enduring Power of Attorney' 'review of Financial Management' 'procedural Fairness' 'directions to Attorney']
['guardianship' 'financial Management'] ['incapacity' 'appointment of Financial Manager' 'enduring Power of Attorney' 'review of Financial Management' 'procedural Fairness' 'directions to Attorney']

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Procedural Posture

Financial Management Application / Final Determination

Legal Issues

  1. 1 ['Is Mrs PGB incapable of managing her affairs?' "Is there a need for another person to manage Mrs PGB's affairs and is it in her best interests for a financial management order to be made?" 'Who should be appointed financial manager?' 'Effect of enduring power of attorney and financial management order']

Ratio Decidendi

Mrs PGB is found incapable of managing her financial affairs on the basis of medical and other evidence. Due to concerns and evidence of inadequate management by her attorney and significant degradation in financial position, it is in Mrs PGB's best interests that a financial management order be made. Her daughters, Ms IAB and Ms TBB, are suitable persons to be appointed as joint financial managers, subject to directions and oversight by the NSW Trustee and Guardian, and special orders regarding a loan to Ms IAB.

Court Disposition

financial management order made; joint private managers appointed; review in three months; directions issued to attorney regarding disclosure of information and asset control.

Orders

  • ["Ms TBB and Ms IAB appointed jointly as Mrs PGB's financial managers subject to directions of the NSW Trustee and Guardian." 'Ms TBB and Ms IAB not to cause nor permit any steps for release or forgiveness of c$50,000 loan to Ms IAB.' 'Financial management order to be reviewed in three months.' 'Mr HCB to deliver...