FZN [2018] NSWCATGD 46

FZN [2018] NSWCATGD 46

The Tribunal found that FZN, despite intact cognition, is incapable of managing her financial affairs due to significant physical limitations, vulnerability, reliance on others, and risk of financial exploitation. On this basis, a financial management order was made. The granddaughter (NZE) was found suitable as financial manager, with transparency to be ensured by requiring compliance with NSW Trustee and Guardian directions. Applications for review of enduring powers of attorney were dismissed as the relevant instruments were revoked or effectively superseded by the financial management order.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Guardianship/financial Management/review of Enduring Power of Attorney / Hearing and Final Decision
Outcome
Financial management order made for FZN, appointing NZE as financial manager subject to NSW Trustee and Guardian directions; applications for review of enduring powers of attorney dismissed.
Legal Topics
['review of Enduring Power of Attorney' 'appointment of Financial Manager' 'capacity to Manage Financial Affairs' 'vulnerability and Risk of Exploitation']
['guardianship' 'powers of Attorney' 'financial Management'] ['review of Enduring Power of Attorney' 'appointment of Financial Manager' 'capacity to Manage Financial Affairs' 'vulnerability and Risk of Exploitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship/financial Management/review of Enduring Power of Attorney / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether FZN is incapable of managing her financial affairs' "Whether a financial management order is necessary and in FZN's best interests" 'Who should be appointed as financial manager' 'Whether to review the enduring powers of attorney made by FZN']

Ratio Decidendi

The Tribunal found that FZN, despite intact cognition, is incapable of managing her financial affairs due to significant physical limitations, vulnerability, reliance on others, and risk of financial exploitation. On this basis, a financial management order was made. The granddaughter (NZE) was found suitable as financial manager, with transparency to be ensured by requiring compliance with NSW Trustee and Guardian directions. Applications for review of enduring powers of attorney were dismissed as the relevant instruments were revoked or effectively superseded by the financial management order.

Court Disposition

Financial management order made for FZN, appointing NZE as financial manager subject to NSW Trustee and Guardian directions; applications for review of enduring powers of attorney dismissed.

Orders

  • ['The estate of FZN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'NZE is appointed as the financial manager of the estate.' 'The financial manager must not deal with the estate (other than to protect the assets) until all necessary authorities are obtained from the NSW Trustee and...