NZH [2020] NSWCATGD 30

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NZH [2020] NSWCATGD 30 Hearing dates: 23 January 2020 Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Guardianship Division Before: J C Simpson, Senior Member (Legal) Decision: The Financial Management order for NZH made on 23 September 2019 has been reviewed. The order now is as follows: 1. The estate of NZH is subject to management under the NSW Trustee and Guardian and Guardian Act 2009 (NSW). 2. The management of the estate of NZH is committed to the NSW Trustee and Guardian and Guardian. 3. This order be reviewed by the Tribunal within one year. 4. The following specified part of the estate is excluded from this financial management order: $100,000 and all Centrelink entitlements. Catchwords: FINANCIAL MANAGEMENT – review of financial management order – end of term review of financial management order – whether subject person is incapable of managing their own affairs – history of mental illness – subject person currently under community treatment order – history of problem gambling – subject person remains at undue risk of dissipating their assets – subject person incapable of managing their own affairs – best interests – whether it is in the best interests of the subject person that the financial management order be revoked - s 4 Principles – balancing freedom to live a normal life in the community and be self-reliant with potential risk of exploitation – financial management order made – NSW Trustee and Guardian appointed – order excluding $100,000.00 and Centrelink entitlements. Legislation Cited: Guardianship Act 1987 (NSW), s 4 Cases Cited: P v NSW Trustee and Guardian and Guardian [2015] NSWSC 579 Re X [2016] NSWSC 275 Texts Cited: Nil Category: Principal judgment Parties: 013: Review of Reviewable Financial Management Order