The Court's inherent protective jurisdiction supplements the NSW Trustee and Guardian Act 2009 where the Act does not expressly cater for the appointment of foreign managers or the transfer of a protected person's estate to a foreign jurisdiction. The principle in Re FN — that transfer to a foreign jurisdiction is appropriate only where property is required for the protected person's maintenance — is a rule of management practice, not a jurisdictional limitation; the governing principle is the best interests of the protected person. Orders permitting transfer should ordinarily be conditioned on undertakings to the Court and evidence of actual (not merely prospective) engagement with the foreign jurisdiction's protective regime.
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