BFE [2017] NSWCATGD 45

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFE [2017] NSWCATGD 45 Hearing dates: 19 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Decision: 1. The financial management order for Mrs BFE made on 18 December 2015 is varied.

2. The appointment of the NSW Trustee and Guardian as the financial manager of the estate of Mrs BFE is revoked.

3. Mrs DAQ is appointed the manager of the estate of Mrs BFE.

NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until the financial manager has obtained all necessary authorities from the NSW Trustee.

4. The NSW Trustee and Guardian is to pay over or hand over the estate to Mrs DAQ.

5. The financial management order for Mrs BFE as varied, is to be reviewed by the Tribunal within 18 months. Catchwords: FINANCIAL MANAGEMENT – application for revocation of a financial management order –whether subject person has regained capacity to manage affairs – meaning of capability to manage one's own affairs – conflicting expert evidence – legal tests of capability – additional factors noted by Lindsay J in CJ v AKJ [2015] NSWSC 498 – "support mechanisms" "past experience" "protective nature of the jurisdiction" – subject person victim of fraudulent misappropriation by her solicitor – subject person found not to have regained capability – best interests not to revoke order – financial management order varied – appointment of NSW Trustee and Guardian revoked – suitability for appointment as financial manager – reviewable financial management order made – private manager appointed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 4, 4(a), 4(g), 25A(b), 25P(1)(a), 25P(1)(b), 25P(2) Cases Cited: CJ v AKJ [2015] NSWSC 498 G v G [2016] NSWSC 511 GW v Protective Commissioner [2003] NSW ADTAP 51 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 Category: Principal judgment Parties: Mrs BFE (subject person) Ms TED (applicant and appointed attorney) The NSW Trustee and Guardian Representation: Separate Representation: V Massey (Mrs BFE)