EQX

[2019] NSWCATGD 30

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

EQX [2019] NSWCATGD 30

Hearing dates:

13 December 2019

Date of orders:

13 December 2019

Decision date:

13 December 2019

Jurisdiction:

Guardianship Division

Before:

R H Booby, Senior Member (Legal)
Dr M A Martin, Senior Member (Professional)
M L Williams, General Member (Community)

Decision:

Guardianship

 

The application is dismissed because NKX has withdrawn the application and the Tribunal consents.

 

Financial Management

 

1. The estate of EQX is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

 

2. NKX of [Address removed for publication.] is appointed as the financial manager of the estate.

 NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until she has obtained all necessary authorities from the NSW Trustee and Guardian.

Catchwords:

GUARDIANSHIP – application for a guardianship order – request to withdraw application for a guardianship order – consent to withdrawal of application – application withdrawn and dismissed.

  FINANCIAL MANAGEMENT – application for a financial management order – best interests of the subject person – need for financial situation to be clarified – need for care costs to be met – suitability of financial manager – whether proposed financial manager has requisite experience – whether conflict of interest exists – financial manager capable of seeking advice – subject person’s affairs not complex – oversight by the NSW Trustee and Guardian – proposed financial manager suitable to be appointed – private manager appointed – order made.

Legislation Cited:

s 4 of the Guardianship Act, ss 4, 25M

Cases Cited:

Application by AMAM; Re SAM [2011] NSWSC 503
Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227
P v NSW Trustee and Guardian [2015] NSWSC 579

Texts Cited:

Nil

Category:

Principal judgment

Parties:

001: Guardianship Application
EQX (the person)
NKX (applicant, carer)
Public Guardian

  002: Financial Management Application
EQX (the person)
NKX (applicant, carer)
NSW Trustee and Guardian

Representation:

Nil

File Number(s):

NCAT 2019/00308777

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

Background

1. EQX is 77-years-old and lives in an aged care facility in regional NSW. She has a son, NKX and a daughter, UZD.

2. On 3 October 2019 the Tribunal received applications from NKX seeking the appointment of a financial manager and a guardian for EQX.

The hearing

3. 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.]

4. EQX attended part of the hearing but decided to leave during the hearing.

GUARDIANSHIP APPLICATION

What did the Tribunal have to decide?

5. The questions which had to be decided by the Tribunal were:

• Is EQX someone for whom the Tribunal could make an order because she has a disability which prevents her from being…