FZM [2020] NSWCATGD 79

FZM [2020] NSWCATGD 79

HPM was joined because he had a close and continuing relationship with FZM, was genuinely concerned about her welfare, and other parties did not object. FZM was incapable of managing her affairs because, despite no medical evidence of disability, the evidence showed she had been the victim of online scams, had dissipated inherited funds and superannuation, lacked insight, defended the suspected perpetrators, and was likely to continue sending money overseas. A financial management order was needed and in her best interests to protect her remaining assets, home, financial security and her brother's financial security. Because family members in Spain did not seek appointment and appointment...

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Financial Management Application and Interlocutory Joinder Application / Hearing and Final Determination
Outcome
HPM joined as a party; financial management order made; FZM's estate committed to the management of the NSW Trustee and Guardian.
Legal Topics
['financial Management Order' 'incapacity to Manage Affairs' 'online Scam and Financial Exploitation' 'joinder of Party' 'appointment of NSW Trustee and Guardian']
['guardianship and Financial Management' 'administrative Law and Tribunal Procedure'] ['financial Management Order' 'incapacity to Manage Affairs' 'online Scam and Financial Exploitation' 'joinder of Party' 'appointment of NSW Trustee and Guardian']

Case Brief

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Procedural Posture

Financial Management Application and Interlocutory Joinder Application / Hearing and Final Determination

Legal Issues

  1. 1 ['Whether HPM should be joined as a party to the proceedings.' 'Whether FZM is incapable of managing her affairs.' "Whether there is a need for another person to manage FZM's affairs and whether it is in her best interests for a financial management order to be made." 'Who should be appointed financial manager.']

Ratio Decidendi

HPM was joined because he had a close and continuing relationship with FZM, was genuinely concerned about her welfare, and other parties did not object. FZM was incapable of managing her affairs because, despite no medical evidence of disability, the evidence showed she had been the victim of online scams, had dissipated inherited funds and superannuation, lacked insight, defended the suspected perpetrators, and was likely to continue sending money overseas. A financial management order was needed and in her best interests to protect her remaining assets, home, financial security and her brother's financial security. Because family members in Spain did not seek appointment and appointment...

Court Disposition

HPM joined as a party; financial management order made; FZM's estate committed to the management of the NSW Trustee and Guardian.

Orders

  • ['HPM is joined as a party.' 'The estate of FZM is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'The management of the estate of FZM is committed to the NSW Trustee and Guardian.']