KDG [2018] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KDG [2018] NSWCATGD 13 Hearing dates: 27 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Guardianship Division Before: V Massey, Senior Member (Legal) W Longley, Senior Member (Professional) I Ferreira, General Member Community Decision: 1. The application for a guardianship order with respect to KDG is dismissed because KBI has withdrawn the application and the Tribunal consents.

2. The estate of KDG is subject to the management under the NSW Trustee and Guardian Act 2009.

3. BMM and KBI are appointed jointly and severally as the financial managers of the estate.

NOTE: The financial managers are not authorised to deal with the estate (other than to protect the assets) until they have obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for guardianship order – need for an order – FACS tenancy policy – execution of a residential tenancy agreement a matter relating to management of an estate – no authority to authorise a guardian to execute a residential tenancy agreement – withdrawn and dismissed

FINANCIAL MANAGEMENT – application for financial management order – need for orders to execute residential tenancy agreement– authority of a manger to execute documents – financial manager appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 3, 3E(1), 4, 14, 14(2), 25E, 25F(2)-(3), 25M, 33A(4), 40; pts 3, 3A NSW Trustee and Guardian Act 2009 (NSW), ss 25E, 21(2A), 38, 66, 67 Residential Tenancies Act 2010 (NSW) Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 HH v HI and Protective Commissioner [2009] NSWADTAP 41 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 MN v AN (1989) 16 NSWLR 525 MQH [2018] NSWCATGD 11 NVQ [2016] NSWCATGD 38 Texts Cited: Family and Community Services, "Starting a Tenancy Policy" (22 February 2016) Category: Principal judgment Parties: 001: Guardianship Application