BXC [2022] NSWCATGD 2

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXC [2022] NSWCATGD 2 Hearing dates: 17 May 2022 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) M Bain, Senior Member (Professional) Dr J M Green, General Member (Community) Decision: 1. The estate of BXC is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. NBI, [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 or she has obtained all necessary authorities from the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 12 months. 4. The following specified part of the estate is excluded from this financial management order: All of BXC's estate other than (1) her interest in the real property which is [Address removed for publication.], and (2) the proceeds of sale of that property. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – subject person has dementia and cognitive impairment – member of religious order – evidence of personal commitment to the congregation – communitarian and collective regime for dealing with wealth – vow of poverty – property to be placed under the management of the congregation in accordance with the congregation's rules and practices – need for someone with legal authority to dispose of interest in the property – private person suitable to be appointed as financial manager – private financial manager appointed – order made – order to be reviewed in 12 months. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 4, 4(b), 4(e)-(g), 25M, Pt 3A Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Financial Management Application