NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFH [2017] NSWCATGD 13 Hearing dates: 9 March 2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Guardianship Division Before: J Simpson, Senior Member (Legal) Dr L Tong, Senior Member (Professional) B Epstein-Frisch, General Member (Community) Decision: 1. The estate of Mr DFH is subject to management under the NSW Trustee and Guardian Act 2009.
2. Mr QBH and Mrs SZH are appointed jointly and severally as the financial managers of the estate.
3. This order be reviewed by the Tribunal within 6 months. Catchwords: FINANCIAL MANAGEMENT – application for financial management order – National Disability Insurance Scheme – need for specific NDIS bank account – need for an order – private financial managers appointed jointly and severally – reviewable 6 month order Category: Principal judgment Parties: Mr DFH (subject person) Mrs SZH (applicant) The NSW Trustee and Guardian File Number(s): 22062 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. We appointed Mrs SZH and Mr QBH on a joint and several basis as financial managers for Mr DFH. The Tribunal will review the order in six months.
Background 1. Mr DFH is a 49-year-old man with a severe intellectual disability who lives in a group home managed by a disability service provider at regional NSW. As part of his National Disability Insurance Scheme (NDIS) funding, a small amount will regularly be paid to Mr DFH to cover travel costs. The NDIS requires that Mr DFH have a bank account in his name to receive this money. Mr DFH's mother, Mrs SZH, applied for a financial management order so that a financial manager would have authority to open a bank account.
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