QBS [2015] NSWCATGD 30

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QBS [2015] NSWCATGD 30 Hearing dates: 18 February 2015 Date of orders: 18 February 2015 Decision date: 18 February 2015 Jurisdiction: Guardianship Division Before: S Taylor, Senior Member (Professional) Decision: Financial management order revoked. Catchwords: FINANCIAL MANAGEMENT – whether to revoke financial management order – whether subject person has regained capacity to manage affairs – best interests – whether affairs can be managed with informal support – enduring power of attorney instrument executed – financial management order revoked Category: Principal judgment Parties: Miss QBS (the protected person) Mr LAS (father, financial manager, and applicant) The NSW Trustee and Guardian Representation: Nil File Number(s): 23350 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

What the Tribunal decided 1. The Tribunal revoked the financial management order it made on 30 November 2001 in relation to Miss QBS.

Background 1. Miss QBS is a 51-year old woman who has been treated for bipolar affective disorder for more than twenty years. She has lived at Inner West Sydney for many years with her friend and landlord, Mr TCI. 2. On 30 November 2001 the Tribunal appointed Mr LAS as Miss QBS's financial manager. At that time Miss QBS was in debt to Mr TCI, due to overspending when manic, and was not spending money on her daily requirements. She had cashed in shares which she had accumulated with the assistance of Mr TCI and Mr LAS. She then travelled overseas without advising friends or family, and had spent large amounts of money in a short period. She was hospitalised whilst overseas and had to be traced through the police. 3. On 11 July 2014 Mr LAS submitted an application to revoke the financial management order, on the basis that Miss QBS's mental state has improved, and the supervision of the NSW Trustee and Guardian is impeding him from making timely decisions with regard to her share portfolio. 4. On 28 November 2014 the Tribunal adjourned part heard the hearing of the requested review of the financial management order for a period of three months, to allow time for further information to be provided.