DKK [2023] NSWCATGD 19

DKK [2023] NSWCATGD 19

DKK is not a person in need of a guardian as defined under s 3(1), given available evidence and her independence, support network, and insight. However, she is incapable of managing her financial affairs, necessitating appointment of financial managers in her best interests; HYL and Ms Z are suitable and jointly appointed.

Jurisdiction
Australia
Judgment Date
25 July 2023
Procedural Posture
Guardianship/financial Management Application / Merits Hearing
Outcome
Guardianship applications dismissed; financial management order made
Legal Topics
['appointment of Guardian' 'appointment of Financial Manager' 'capacity to Manage Own Affairs' 'best Interests' 'private Manager Suitability']
['guardianship' 'financial Management'] ['appointment of Guardian' 'appointment of Financial Manager' 'capacity to Manage Own Affairs' 'best Interests' 'private Manager Suitability']

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Procedural Posture

Guardianship/financial Management Application / Merits Hearing

Legal Issues

  1. 1 ['Whether the subject person is in need of a guardian' 'Whether the subject person is incapable of managing their financial affairs' "Whether it is in the subject person's best interests to appoint financial managers" 'Who should be appointed as financial managers']

Ratio Decidendi

DKK is not a person in need of a guardian as defined under s 3(1), given available evidence and her independence, support network, and insight. However, she is incapable of managing her financial affairs, necessitating appointment of financial managers in her best interests; HYL and Ms Z are suitable and jointly appointed.

Court Disposition

Guardianship applications dismissed; financial management order made

Orders

  • ['Applications for guardianship dismissed after hearing.' "DKK's estate is subject to management under the NSW Trustee and Guardian Act 2009 (NSW)." "Ms Z and HYL are appointed jointly as the financial managers of DKK's estate." 'Financial managers not authorised to deal with estate (other than to protect assets)...