DQC [2016] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQC [2016] NSWCATGD 10 Hearing dates: 18 May 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) C Pratten, Senior Member (Professional) D Sword, General Member (Community) Decision: Application for a financial management order dismissed. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – incapability to manage own affairs – need for a financial management order – best interests – fluctuating capacity – alternatives to an order – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), s 3(2)(a)-(d) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Category: Principal judgment Parties: Mr DQC (subject person) Ms NZK (applicant) The NSW Trustee and Guardian File Number(s): 61988 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify a 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 dismissed the application for a financial management order.

Background 1. Mr DQC is a 66-year-old man with a mental illness who lives in rented accommodation at regional NSW. There were concerns about Mr DQC's financial vulnerability when unwell and Ms NZK, mental health case manager, applied for a financial management order. 2. Mr DQC has a supportive sister and brother-in-law, Ms DYP and Mr HBP, and he has trusted his sister with being his attorney. However, when unwell, there have been times when he becomes very distrustful of his sister and he has revoked the power of attorney. Ms DYP has herself become unwell so that she is unable to manage her brother's finances.