LBX [2016] NSWCATGD 49

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LBX [2016] NSWCATGD 49 Hearing dates: 22 September 2016 Date of orders: 22 September 2016 Decision date: 22 September 2016 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr L Tong, Senior Member (Professional) B Epstein-Frisch, General Member (Community) Decision: The application for a financial management order in relation to the estate of Ms LBX is dismissed. Catchwords: FINANCIAL MANAGEMENT – application for financial management order – transfer of Ageing, Disability and Home Care ADHC accommodation service to non-government sector – no need for an order – informal support person willing to manage finances – application dismissed Category: Principal judgment Parties: Ms LBX (subject person) Mr LRG (applicant) The NSW Trustee and Guardian File Number(s): 803 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 dismissed the application for a financial management order and recommended that Mrs NFH become signatory on Ms LBX's bank accounts (together with another person if Mrs NFH so wishes).

Background 1. Ms LBX is a 49-year-old woman with an intellectual disability who lives in an Ageing, Disability and Home Care (ADHC) group home at northwest Sydney. ADHC staff have been informally managing Ms LBX's money by being signatories on her bank accounts but ADHC will soon be tendering out its services to non-government organisations. Mr LRG, support worker, applied for a financial management order. 2. Ms LBX is already under the guardianship of the Public Guardian. 3. The Tribunal had to decide: 1. Is Ms LBX incapable of managing her affairs? 2. Is there a need for another person to manage Ms LBX's affairs and is it in her best interests for a financial management order to be made? 3. If so, who should be appointed financial manager?