MZI [2020] NSWCATGD 75

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MZI [2020] NSWCATGD 75 Hearing dates: 13 August 2020 Date of orders: 13 August 2020 Decision date: 13 August 2020 Jurisdiction: Guardianship Division Before: V Massey, Senior Member (Legal) J McAuliffe, Senior Member (Professional) A D Wannan, General Member (Community) Decision: 1. The estate of MZI is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. BAI, 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 he/she has obtained all necessary authorities from the NSW Trustee and Guardian. 3. That this order be reviewed within four months from today. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – urgent application – subject person in respite care at nursing home – outstanding nursing home and pharmacy fees – unable to recall bank account – financial implications of relocation – suitability of proposed private manager – least restrictive option – spouse appointed as financial manager INTERLOCUTORY – standing – whether a Local Health District has standing to bring an application for a financial management order – "genuine concern for the welfare of the person" – standing established Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25I(1)(b), 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 McD v McD (1983) 3 NSWLR 81 NEJ [2017] NSWCATGD 1 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: 002: Financial Management Application