NIU [2016] NSWCATGD 77

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NIU [2016] NSWCATGD 77 Hearing dates: 8 November 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Guardianship Division Before: R L Bailey, Senior Member (Legal) Dr S L Thompson, Senior Member (Professional) D Crowley, General Member (Community) Decision: The Tribunal orders that:

1. The estate of Mrs NIU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. The management of the estate of Mrs NIU is committed to the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within 12 months. Catchwords: GUARDIANSHIP – application for a financial management order – best interests – conflict of interest between financial interests of subject person and attorney – discretion to make a financial management order – power of attorney not operating to meet subject person's best interests – consideration of who to appoint as financial manager – reviewable financial management order made – appointment of the NSW Trustee and Guardian as financial manager Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: Mrs NIU (subject person) Ms CYC (applicant) Mr HZU (a person appointed by a power of attorney) Mr DBU (a person appointed by a power of attorney) The NSW Trustee and Guardian Representation: Nil File Number(s): 62890 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)).