NSW Appeal of NCAT Financial Management Order / Post Hearing Options

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tomj101

Member
22 September 2021
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Dear Sirs,

A Financial Management Order (FMO), with the "NSW Public Trustee & Guardian" now taking control of my aunt's financial affairs, was the concluding decision from a two hour NCAT hearing on December 9th (last week). My cousin (affectionately known as "aunt" Jenny) has 28 days to appeal.

I would like to know what options exist to help my aunt since NCAT prevented the appointment of a Croatian-speaking solicitor to represent my aunt, and the proceeding was rushed near the end after the Legal-Aid-appointed solicitor (for my aunt) wanted the current session to end soon in order for her to attend another adjacent NCAT hearing. There were a lot things left unsaid hence leaving my vulnerable aunt (~85 years with early onset of dementia) in a precarious situation going forward. She believes she had no choice. However, I beg to differ. Hence, my post here for your kind opinions in this matter.

Post NCAT hearing, I also believe my aunt is now able to appoint an additional General Power of Attorney and General Guardian along-side the FMO, i.e. Based on my research, NCAT does not have jurisdiction over general PoA and general Guardianship appointments. Would this be a conflicting action?

Finally, what about a potential ademption problem?

Note, my aunt is also seeking legal assistance and is worried about her future.

Kind regards,
Tom
 

Attachments

  • NCAT FMO Order2 - Redacted.pdf
    152.1 KB · Views: 0
  • NCAT Review Process - Jenny - Post Analysis - Redacted.pdf
    23.7 KB · Views: 0
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