ON 3 JULY 2014, the NSW Civil and Administrative Tribunal delivered BEY v NSW Trustee and Guardian [2014] NSWCATAD 87.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172511

The tribunal affirmed a decision of the NSW Trustee and Guardian to sell a property owned by the applicant’s mother, a dementia sufferer whose estate was committed by the Guardianship Tribunal to management by the NSW Trustee and Guardian.

The applicant had sought a review under Part 3A of the Guardianship Act 1987.  He believed that it was in his mother’s best interests that the property be leased even though the mother wished to sell the property. He believed that the mother was being manipulated or influenced by his brother with whom he is in conflict.

The tribunal avoided making any findings regarding the manipulation or influence and instead found that it was the mother’s right to earn the best interest possible with the proceeds of the sale invested in a diversified portfolio.

 1300 00 2088