LGT [2019] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LGT [2019] NSWCATGD 9 Hearing dates: 10 January 2019 Date of orders: 10 January 2019 Decision date: 10 January 2019 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: The financial management order made on 21 November 2006 is revoked from 10 January 2019. NSW Trustee and Guardian is to pay over or hand over the estate to LGT. Catchwords: FINANCIAL MANAGEMENT – application to review or revoke financial management order – whether subject person has regained capacity to manage their affairs – subject person demonstrates awareness of financial position, assets and risks – availability of family and other support – finding of regained capacity – order revoked. Legislation Cited: Guardianship Act 1987 (NSW), ss 4(a), s 25P(1)–(2) NSW Trustee and Guardian Act 2005 (NSW), s 39(a) Cases Cited: CJ v AKJ [2015] NSWSC 498 GW v Protective Commissioner & Ors [2003] NSW ADTAP 51 H v H [2015] NSW SC 837 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: 002: Review or Revoke Financial Management Order

LGT (subject person, applicant) NSW Trustee and Guardian (appointed financial manager) MFT (spouse) Representation: Nil File Number(s): NCAT 2006/00370238 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)).