NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPC [2015] NSWCATGD 34 Hearing dates: 8 September 2015 Date of orders: 08 September 2015 Decision date: 08 September 2015 Jurisdiction: Guardianship Division Before: S Taylor, Senior Member (Professional) Decision: Financial management order revoked. Catchwords: FINANCIAL MANAGEMENT – where financial management order initially sought by the protected person – appointed manager supportive of revocation – evidence protected person could manage his own affairs – order revoked on grounds of regained capability to manage affairs Category: Principal judgment Parties: Mr BPC (the protected person) Ms FSN (partner of Mr BPC) The NSW Trustee and Guardian Representation: Nil File Number(s): 39106 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
APPLICATION FOR REVIEW OF FINANCIAL MANAGEMENT ORDER
What the Tribunal decided 1. The Tribunal revoked the financial management order it made on 1 July 2008 in relation to Mr BPC.
Background 1. Mr BPC is a 32-year old single man who lives with his partner, Ms FSN, in a Housing NSW unit at Regional NSW. He has a history of schizophrenia and past drug and alcohol abuse. He receives case management and support services from a community mental health service provider and a not-for-profit mental health organisation ('service provider B'). 2. In 2008, Mr BPC lodged an application for financial management on the basis that he believed he was unable to manage his finances. On 1 July 2008 the Tribunal appointed the NSW Trustee and Guardian as Mr BPC's financial manager. On 19 August 2015 Mr BPC lodged an application for the financial management order to be revoked on the basis that he is now capable of managing his finances. 3. At the end of these Reasons for Decision are lists of the parties to the application and the witnesses who attended the hearing. [appendix removed for publication]
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