HLT (No 2) [2017] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HLT (No 2) [2017] NSWCATGD 18 Hearing dates: 2 February 2017 Date of orders: 06 February 2017 Decision date: 06 February 2017 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Decision: 1. The appointment of the NSW Trustee and Guardian as the financial manager of the estate of Mrs HLT is revoked.

2. Mr KCC is appointed the manager of the estate of Mrs HLT.

3. The NSW Trustee and Guardian is to pay over or hand over the estate to Mr KCC.

4. This order is to be reviewed by the Tribunal within 12 months. Catchwords: FINANCIAL MANAGEMENT – application to review financial management order – complexity of subject person's affairs – delay in administration by NSW Trustee and Guardian – best interests – appointment of NSW Trustee and Guardian revoked – private financial manager appointed

INTERLOCUTORY – application for leave to be legally represented – s 45(1) – importance of the proceedings to party seeking leave – leave to be legally represented refused – leave for McKenzie friend granted – adjournment request – welfare and interests – adjournment request refused Legislation Cited: Guardianship Act 1987 (NSW), ss 3(6), 3(7), 25N(4), 25P, 25U(4), 25Y(3) Texts Cited: NCAT Guardianship Division, "Procedural Direction 2: Representation" Category: Principal judgment Parties: Mrs HLT (person under consideration) Mr KCC (applicant) Mr GAU (carer of Mrs HLT) Mr BES (appointed attorney of Mrs HLT under power of attorney dated 25 July 2012) Ms MMR (appointed attorney of Mrs HLT under power of attorney dated 25 July 2012) The NSW Trustee and Guardian File Number(s): 52523 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)).