DKK [2023] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKK [2023] NSWCATGD 19 Hearing dates: 25 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member A M Matheson, Senior Member (Professional) R Royer, General Member (Community) Decision: The application for guardianship (001, 003, 005 and 006) is dismissed after hearing. 1. The estate of DKK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. Ms Z, of [Address removed for publication.], and HYL, of [Address removed for publication.], are appointed jointly 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 – whether subject person is a person in need of a guardian – subject person is of advanced age – cognitive impairment – subject person lives in a commune – subject person has strong ties with family members in Germany – subject person's neighbours and friends are able to provide support – subject person not found to be a person in need of a guardian – application dismissed FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their affairs – subject person not capable of managing her day-to-day finances – need for another person to manage subject person's affairs – subject person supports the appointment of her long-standing friends – private managers suitable to be appointed – private managers jointly appointed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1), 4 Cases Cited: P V NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application