BPC

[2015] NSWCATGD 34

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	BPC [2015] NSWCATGD 34
Hearing dates:	8 September 2015
Date of orders:	08 September 2015
Decision date:	08 September 2015
Jurisdiction:	Guardianship Division
Before:	S Taylor, Senior Member (Professional)
Decision:	Financial management order revoked.
Catchwords:	FINANCIAL MANAGEMENT – where financial management order initially sought by the protected person – appointed manager supportive of revocation – evidence protected person could manage his own affairs – order revoked on grounds of regained capability to manage affairs
Category:	Principal judgment
Parties:	Mr BPC (the protected person) Ms FSN (partner of Mr BPC) The NSW Trustee and Guardian
Representation:	Nil
File Number(s):	39106
Publication restriction:	Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

APPLICATION FOR REVIEW OF FINANCIAL MANAGEMENT ORDER

What the Tribunal decided

1. The Tribunal revoked the financial management order it made on 1 July 2008 in relation to Mr BPC.

Background

2. Mr BPC is a 32-year old single man who lives with his partner, Ms FSN, in a Housing NSW unit at Regional NSW. He has a history of schizophrenia and past drug and alcohol abuse. He receives case management and support services from a community mental health service provider and a not-for-profit mental health organisation (‘service provider B’).

3. In 2008, Mr BPC lodged an application for financial management on the basis that he believed he was unable to manage his finances. On 1 July 2008 the Tribunal appointed the NSW Trustee and Guardian as Mr BPC’s financial manager. On 19 August 2015 Mr BPC lodged an application for the financial management order to be revoked on the basis that he is now capable of managing his finances.

4. At the end of these Reasons for Decision are lists of the parties to the application and the witnesses who attended the hearing. [appendix removed for publication]

What did the Tribunal have to decide?

5. On reviewing the financial management order the Tribunal must confirm, confirm and vary, or revoke the financial management order.

6. The Tribunal may revoke the financial management order only if:

1. it is satisfied that Mr BPC is capable of managing his affairs; or

2. it considers that it is in the best interests of Mr BPC that the order be revoked.

7. In this matter the issues for the Tribunal were:

• Is Mr BPC capable of managing his affairs?

• Is it in the best interests of Mr BPC that the order be revoked?

Should the order be revoked because Mr BPC has regained the capability to manage his affairs?

The Evidence

8. When the financial management order was made in July 2008, the Tribunal found that Mr BPC was unable to manage his finances, and was vulnerable to financial exploitation, due to his mental illness and drug and alcohol abuse. He would frequently run out of money, was unable to pay for his medication, and pawned his possessions, which he subsequently could not afford to redeem.

9. In August 2015 Mr BPC lodged several reports together with his application for revocation of the financial management order. In a report dated 23 January 2015, Mr CHB, from service provider B, indicated that Mr BPC’s condition does not affect his capacity to manage his finances, and that he is capable of managing his pension. Mr CHB stated that Mr BPC’s bills are all paid on time, and his rent and electricity will continue to be paid through Centrepay. He has requested that service provider B assist him to open a fixed term deposit to invest $10,000, and he will put the rest of his savings into an interest bearing account to provide for motor vehicle registration, insurance, and other expenses. Mr BPC has been in a relationship for four years and this has assisted him in taking greater responsibility for his finances.

10. Ms Z, Registered Nurse, and Dr Y, Psychiatrist, both from the community mental health service provider in Regional NSW, provided Health Professional Reports indicating that Mr BPC’s condition does not affect his capacity to make informed decisions and manage his finances. He is very compliant with his treatment program, and his mental state has been stable for many years. Ms Z stated that Mr BPC has had a successful trial of managing his finances, and she believes that he is capable of doing so, and supports the order being revoked.

11. Ms MAQ, representative from the NSW Trustee and Guardian, provided a report dated 4 September 2015. Ms MAQ stated that Mr BPC has been managing his Centrelink pension since 11 June 2014, and has been paying all expenses, including rent, utilities, groceries and personal expenses since then. He has $12,542.80 in his NSW Trustee and Guardian account, and owns a 2006 Toyota Camry, for which the NSW Trustee and Guardian pays the insurance. At the hearing, Ms MAQ said that Mr BPC has done a budgeting course, has been managing his pension very well, has no debts, and does not contact the NSW Trustee and Guardian for extra money. Ms MAQ said she would have no concerns about the financial management order being revoked.

12. Mr BPC told the Tribunal that the financial management order has been useful to him, particularly in enabling him to accumulate some savings. He applied for the order in 2008 because he was misspending his money on drugs and alcohol, however that ceased several years ago. He has now learnt to budget, and has managed to save money for both his sisters’ weddings, as well as meeting his motor vehicle costs. He plans to deposit $10,000 in a term deposit, and use the rest of his savings to buy a computer, connect to the internet, and get his truck drivers licence.

13. A support worker from service provider B told the Tribunal that she has worked on budgeting with Mr BPC, and he has made good choices, pays his bills, and is willing to save. He has long term goals and would like to get his truck drivers licence and obtain work. He has no debts or loans.

14. Mr BPC’s partner, Ms FSN, said that Mr BPC has strategies in place for saving, and she believes he will continue to do that. They are both smokers, which add to their costs, however they plan to enrol in a program to quit smoking.

Consideration

15. The evidence was unanimous from all those involved in the hearing that Mr BPC has regained his capacity to manage his affairs. He has had a successful trial of managing his pension for more than a year, and has participated in a program to develop budgeting skills. He has demonstrated an ability to save, and has goals for the future, including obtaining employment. He is very compliant with treatment, no longer misuses drugs and alcohol, is in a long term stable relationship, and is well engaged with support services. He has outlined a plan for managing his savings, and the NSW Trustee and Guardian, his support workers, and his partner have expressed confidence in his capacity to adhere to this plan.

16. On the basis of this evidence, the Tribunal was satisfied that Mr BPC is capable of managing his financial affairs, and that the financial management order should be revoked on this basis.

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I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.

Registrar

Decision last updated: 02 December 2015