LEB v ABB

LEB was the subject of a guardianship application brought by the Attorney General of the State. The application sought the appointment of a protective estate manager for LEB. LEB contested the application, contending that they possessed the capacity for self-management. The matter was heard in the Supreme Court of the State. The court was required to determine whether LEB had the capacity to manage their own affairs, and if not, whether it was appropriate to appoint a protective estate manager.

The court considered the principles governing the jurisdiction to make an order appointing a manager over a person's estate. It was held that the capacity for self-management must be assessed in the context of the nature and purpose of the protective jurisdiction. The court found that LEB did not have the capacity to manage their own affairs. The evidence indicated that LEB was unable to understand and retain information, make decisions, and communicate their decisions in relation to their financial affairs. The court was satisfied that the appointment of a protective estate manager was in LEB's best interests and necessary to protect their estate.

The court further found that the appointment of a protective estate manager was appropriate to safeguard LEB's financial interests and ensure that their estate was managed in accordance with their wishes, to the extent possible. The court granted the application for the appointment of a protective estate manager. The court also made orders for the manager to have the power to make decisions on LEB's behalf in relation to their financial affairs, including the power to enter into contracts, manage investments, and pay bills.