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Guardianship

Geoff (a pseudonym)

Geoff (a pseudonym) [2024] NSWCATGD 19

The Tribunal made guardianship and financial management orders for an 87-year-old man with cognitive impairment, appointing his daughter Lisa as guardian and financial manager.

  • Guardianship order
  • Financial management order
  • Capacity
  • Appointment of guardian
  • Appointment of financial manager
  • Guardianship
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Administrative law

GKO v NSW Trustee and Guardian

GKO v NSW Trustee and Guardian [2024] NSWCATAD 334

The Tribunal affirmed NSW Trustee and Guardian’s decision to sell GKO’s house, finding retention was not financially sustainable despite her wish to keep it.

  • Nsw trustee and guardian act
  • Administrative review
  • Decision to sell protected person's property
  • Financial management orders
  • Administrative-review
  • Financial-management-orders
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Guardianship

LXN

LXN [2024] NSWCATGD 13

The Tribunal made guardianship and financial management orders for LXN, appointing the Public Guardian and NSW Trustee and Guardian because of severe cognitive impairment.

  • Appointment of guardian
  • Appointment of financial manager
  • Incapacity
  • Major neurocognitive disorder
  • Substitute decision-making
  • Vulnerability due to trauma and disability
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Guardianship

NGK

NGK [2024] NSWCATGD 12

The Tribunal dismissed a review of a power of attorney for lack of jurisdiction, finding it was not enduring, and made a financial management order for NGK.

  • Jurisdiction under powers of attorney act 2003 (nsw)
  • Financial management order criteria
  • Appointment of financial managers
  • Review of power of attorney
  • Disability and capacity requirements for financial management
  • Powers-of-attorney
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Guardianship

CGQ

CGQ [2024] NSWCATGD 10

The Tribunal made guardianship and financial management orders for a 17-year-old with severe intellectual disability, to begin when he turns 18, and reviewed the need to identify a potential carer.

  • Guardianship orders for persons with disabilities
  • Appointment of public guardian
  • Financial management orders
  • Procedural fairness
  • Status of carer under guardianship act 1987 (nsw)
  • Guardianship-orders
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Guardianship

OND

OND [2024] NSWCATGD 5

The Tribunal dismissed an application to appoint a financial manager for a 93-year-old woman with advanced dementia, finding her attorneys were acting in her best interests.

  • Appointment of financial manager
  • Enduring power of attorney
  • Capacity of subject person
  • Best interests test
  • Financial-management
  • Enduring-power-of-attorney
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Guardianship

ZZD v ZZE; ZZX v ZZY

ZZD v ZZE; ZZX v ZZY [2022] NSWCATAP 353

The Appeal Panel dismissed one guardianship appeal but allowed a financial management appeal, remitting that order for reconsideration because the conflict finding lacked evidentiary support.

  • Review of enduring guardianship
  • Review of enduring power of attorney
  • Appointment of public guardian
  • Appointment of financial manager
  • Conflict of interest
  • Internal appeal
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Guardianship

DXM

DXM [2022] NSWCATGD 17

The Tribunal reviewed DXM’s guardianship order, appointed the Public Guardian for 12 months, and committed his estate to the NSW Trustee and Guardian.

  • Review of guardianship order
  • Appointment of guardian
  • Appointment of financial manager
  • Incapacity to manage affairs
  • Conflict within family
  • Disability and supported independent living
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Guardianship

MZI

MZI [2020] NSWCATGD 75

The Tribunal found MZI lacked capacity to manage her affairs and appointed her spouse, BAI, as financial manager, subject to NSW Trustee and Guardian supervision.

  • Appointment of financial manager
  • Incapacity
  • Best interests
  • Standing of applicant
  • Suitability of private manager
  • Least restrictive option
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Guardianship

JHN

JHN [2020] NSWCATGD 92

The Tribunal dismissed applications for guardianship, financial management, and review of an enduring guardianship appointment, finding JHN had decision-making capacity.

  • Capacity to manage personal affairs
  • Capacity to manage financial affairs
  • Enduring guardianship
  • Standing to bring application
  • Guardianship
  • Financial-management
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