SKC [2014] NSWCATGD 39

SKC [2014] NSWCATGD 39

Given evidence of dissipation of Mr SKC's inheritance, his lack of capacity to manage affairs due to brain injury, Ms MPI's wish to relinquish her role, and Mr SKC's expressed wish, it was in Mr SKC's best interests to replace Ms MPI with Mr HMX as attorney and to appoint Mr HMX as private financial manager for a 12 month period, subject to review.

Parties
Subject Person: Mr SKC; Applicant: Ms QLO; Attorney: Ms MPI; Proposed Financial Manager: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
29 October 2014
Procedural Posture
Guardianship/financial Management / Substantive Determination After Hearing
Outcome
Attorney replaced. Financial management order made; private manager appointed, order reviewable within 12 months.
Legal Topics
Enduring Power of Attorney, Financial Management Order, Capacity, Best Interests of Principal
Guardianship Law Financial Management Enduring Power of Attorney Financial Management Order Capacity Best Interests of Principal

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Parties

Mr SKC

Subject Person

Ms QLO

Applicant

Ms MPI

Attorney

NSW Trustee and Guardian

Proposed Financial Manager

Procedural Posture

Guardianship/financial Management / Substantive Determination After Hearing

Legal Issues

  1. 1 Whether it is in the best interests of Mr SKC to replace his attorney under an enduring power of attorney
  2. 2 Whether to appoint a financial manager for Mr SKC and if so, whom
  3. 3 Whether Mr SKC is capable of managing his own financial affairs

Ratio Decidendi

Given evidence of dissipation of Mr SKC's inheritance, his lack of capacity to manage affairs due to brain injury, Ms MPI's wish to relinquish her role, and Mr SKC's expressed wish, it was in Mr SKC's best interests to replace Ms MPI with Mr HMX as attorney and to appoint Mr HMX as private financial manager for a 12 month period, subject to review.

Court Disposition

Attorney replaced. Financial management order made; private manager appointed, order reviewable within 12 months.

Orders

  • Ms MPI replaced by Mr HMX as attorney under enduring power of attorney.
  • Mr HMX appointed as private financial manager for Mr SKC, subject to directions and authorities of NSW Trustee and Guardian.