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The application is dismissed because NKX has withdrawn the application and the Tribunal consents.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order – request to withdraw application for a guardianship order – consent to withdrawal of application – application withdrawn and dismissed.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