SMH [2017] NSWCATGD 8

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SMH [2017] NSWCATGD 8 Hearing dates: 26 April 2017 Date of orders: 26 April 2017 Decision date: 26 April 2017 Jurisdiction: Guardianship Division Before: E Connor, Senior Member (Legal) M Matheson, Senior Member (Professional) R Fela, General Member (Community) Decision: 1. The estate of Mr SMH is subject to management under the NSW Trustee and Guardian Act 2009. 2. The management of the estate of Mr SMH is committed to the NSW Trustee and Guardian. Catchwords: FINANCIAL MANAGEMENT – application for financial management order – possible mismanagement of estate by attorney – need for an order – NSW Trustee and Guardian appointed

ANCILLARY – request to transfer proceedings to Supreme Court under s 25L of the Guardianship Act – jurisdiction and utility of order – request refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 54 Guardianship Act 1987 (NSW), ss 4, 25L, 25M Category: Principal judgment Parties: Mr SMH (subject person) Ms BDT (applicant) Ms OBE (carer and attorney appointed pursuant to a suspended power of attorney) The NSW Trustee and Guardian Representation: Separate Representation: B Gelonesi (subject person)

Legal Representation: A Norrie of counsel (Ms OBE) File Number(s): 64534 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)).