PZD [2019] NSWCATGD 31

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 1106 Texts Cited: Nil Category: Principal judgment Parties: 001: Financial Management Application PZD (the person) QLM (applicant) NSW Trustee and Guardian