Re TLH, a protected person [2017] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: Re TLH, a protected person [2017] NSWSC 737 Hearing dates: - Date of orders: 07 June 2017 Decision date: 07 June 2017 Before: Lindsay J (in chambers) Decision: Orders made for a change of manager of a protected estate. Catchwords: GUARDIANSHIP -- Protected person -- Financial management -- Principles governing a change of manager – Application does not require determination of complaints about manager – Irretrievable breakdown in relationship between manager and protected person's family sufficient for change of manager - Paramount consideration remains welfare, and interests, of protected person

MENTAL HEALTH -- Protected person -- Appointment of manager of estate -- Change of manager -- Principles governing change of manager -- Paramount consideration remains welfare, and interests, of protected person – Prudential management requires flexibility, consultation and respect for autonomy.

PRACTICE - NSW Trustee and Guardian Act - Protected person -- Appointment of manager of estate - Change of manager - Paramount consideration remains welfare, and interests, of protected person Legislation Cited: NSW Trustee and Guardian Act 2009 NSW Cases Cited: Ability One Financial Management Pty Limited v JB by his tutor AB [2014] NSWSC 245 Holt v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 Re AAA; Report on a Protected Person's Attainment of the Age of Majority [2016] NSWSC 805 Re LSC and GC [2016] NSWSC 1896 Re Managed Estates Remuneration Orders [2014] NSWSC 383) Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) (1992) 175 CLR 218 SLJ v RTJ [2017] NSWSC 137 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Mother, and carer, of Protected Person Defendant: Protected Person, a child Protected Estate Manager: Perpetual Trustee Company Limited ACN 000 001 007 Representation: Solicitors: