LP v P

The case of LP v P involved a protected person, LP, and the respondent, P, LP’s mother, who sought to have the financial manager of LP’s estate removed and a new financial manager appointed. LP was declared a protected person in 2012, and P was appointed as the financial manager of LP’s estate. The application to change the financial manager was brought before the Supreme Court of New South Wales. The legal issues before the court were whether the welfare and interests of the protected person, LP, would be better served by changing the financial manager and, if so, whether the court should appoint a new financial manager.

The court held that the paramount consideration in any decision regarding the welfare and interests of a protected person is the welfare and interests of that person. The court also emphasised the importance of prudential management of a protected person’s estate, which requires flexibility, consultation, and respect for the autonomy of the protected person. The court considered the evidence presented and found that the welfare and interests of LP would be better served by removing P as the financial manager and appointing a new financial manager. The court noted that the relationship between LP and P had deteriorated, and that P had not consulted with LP in making financial decisions for her estate. The court also found that P had not acted in the best interests of LP in managing her estate.

The court appointed a new financial manager for LP’s estate, subject to LP’s approval, and ordered that P be removed as the financial manager. The court also ordered that the costs of the application be paid by P. The court’s decision highlights the importance of the welfare and interests of the protected person in any decision regarding the management of their estate, and the need for flexibility, consultation, and respect for the autonomy of the protected person in prudential management of their estate.