NSW Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: PZD [2019] NSWCATGD 31 Hearing dates: 4 December 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal)
L Houlahan, Senior Member (Professional)
M A Oxenham, General Member (Community)Decision: The application to appoint a guardian for PZD is dismissed after hearing.
1. The estate of PZD is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. BKN of [Address removed for publication.] and QLM of [Address removed for publication.] are appointed jointly and severally as the financial managers of the estate.
NOTE: The financial managers are not authorised to deal with the estate (other than to protect the assets) until they have obtained all necessary authorities from the NSW Trustee and Guardian.Catchwords: GUARDIANSHIP – application for a guardianship order – need for a guardianship order – subject person diagnosed with schizophrenia – subject person experiences delusions about wealth – practicability of services being provided without an order being made – informal arrangements in place effective in resolving concerns about decision-making – no need for a guardianship order – application dismissed.
FINANCIAL MANAGEMENT – application for a financial management order – subject person incapable of managing their own affairs – subject person experiences delusions about wealth – subject person unable to make sound judgments – subject person vulnerable to financial exploitation – suitability of proposed private manager – private managers jointly and severally appointed– order made.Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14, 14(2), 14(2)(b)–(d), 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503
CJ v AKJ [2015] NSWSC 498
Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227
Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227
IF v IG [2004] NSWADTAP 3
M v M [2013] NSWSC 1495
McD v McD (1983) 3 NSWLR 81
P v NSW Trustee and Guardian [2015] NSWSC 579
P v R [2003] NSWSC 819
PB v BB [2013] NSWSC 1223
Re D [2012] NSWSC 1006
Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106Texts Cited: Nil Category: Principal judgment Parties: 001: Financial Management Application
002: Guardianship Application
PZD (the person)
QLM (applicant)
NSW Trustee and Guardian
PZD (the person)
QLM (applicant)
NSW Public GuardianRepresentation: Nil
File Number(s): NCAT 2019/00291543 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
What the Tribunal Decided
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We dismissed the application for a guardianship order for PZD.
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We made a financial management order in relation to PZD and appointed QLM and BKN jointly and severally as her financial managers subject to the authorities and directions of the NSW Trustee and Guardian.
Background
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PZD is aged 86 years. She lives in her own house…
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- AGLC
- PZD [2019] NSWCATGD 31
- Case
- [2019] NSWCATGD 31
- Decision Date
CaseChat Overview and Summary
In dismissing the application for a guardianship order, the court found that the informal arrangements already in place were effective in resolving the concerns about the subject person's decision-making. The court noted that the subject person's delusions did not necessitate a guardianship order since these arrangements were sufficient to manage their affairs. However, regarding the financial management order, the court concluded that the subject person was incapable of managing their own financial affairs due to their delusions and inability to make sound judgments. The court found the proposed private managers to be suitable and made an order appointing them jointly and severally to manage the subject person's estate. The financial managers, however, are not authorised to deal with the estate until they obtain all necessary authorities from the NSW Trustee and Guardian.
The court's decision resulted in the dismissal of the guardianship application and the appointment of two private managers to handle the subject person's financial affairs. The court emphasised that the financial managers are not permitted to deal with the estate until they have secured the necessary authorities from the NSW Trustee and Guardian. This decision highlights the court's consideration of the specific circumstances and the effectiveness of existing informal arrangements in determining the necessity of formal legal intervention.
Orders
Orders of the court
The application to appoint a guardian for PZD is dismissed after hearing.
1. The estate of PZD is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. BKN of [Address removed for publication.] and QLM of [Address removed for publication.] are appointed jointly and severally as the financial managers of the estate.
NOTE: The financial managers are not authorised to deal with the estate (other than to protect the assets) until they have obtained all necessary authorities from the NSW Trustee and Guardian.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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