TNL [2016] NSWCATGD 25

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TNL [2016] NSWCATGD 25 Hearing dates: 20 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Guardianship Division Before: C Fougere, Principal Member Decision: 1. The financial management order made on 12 March 2015 in relation to the estate of Ms TNL is revoked.

2. The manager, Mr EFJ is to pay over or hand over the estate to Ms TNL. Catchwords: FINANCIAL MANAGEMENT – application to revoke financial management order – requirements of the NSW Trustee and surety bonds – enduring power of attorney appointment – revocation in best interests of the protected person Legislation Cited: Guardianship Act 1987 (NSW), s 4 Category: Principal judgment Parties: Ms TNL (protected person) Mr EFJ (son of Ms TNL and applicant) The NSW Trustee and Guardian Representation: Nil File Number(s): 58348 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 made in relation to Ms TNL on 12 March 2015.

Background 1. Ms TNL is an 82-year-old woman who is a resident of an aged care facility in regional NSW. Ms TNL has two sons from her first marriage: Mr EFJ and Mr MBV. 2. On 12 March 2015, the Tribunal made guardianship and financial management order in relation to Ms TNL. Mr EFJ was appointed as his mother's guardian for 12 months. Mr EFJ was also appointed as his mother's private financial manager. 3. At a review of the guardianship order on 28 January 2016, Mr EFJ was reappointed as his mother's guardian for five years with decision-making authority about her healthcare and medical and dental treatment.