The Court articulated sixteen non-exhaustive guidelines governing the appointment, removal, and replacement of managers of protected estates, synthesising the principles from Holt v Protective Commissioner (1993) 31 NSWLR 227 with the general principles in s 39 of the NSW Trustee and Guardian Act 2009 (NSW). The paramount consideration remains the welfare and interests of the protected person. The guidelines confirm that the jurisdiction is not a consent jurisdiction, that family members may be preferred over institutional managers, that the office of manager is generally gratuitous, and that the Court exercises an independent judgment. The NSW Trustee is now more properly regarded as a manager of 'last resort' rather than 'first resort'.
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