Revoking Financial Management Orders
The Tribunal has the authority to revoke (that is, to end) a Financial Management Order that it made, or that a Magistrate had made. Before it may revoke the order, the Tribunal must be satisfied that the person is capable of managing his or her affairs.
When can the Tribunal revoke an order?
The Tribunal can only revoke a FMO if it was made by the Mental Health Review Tribunal or a Magistrate. The protected person must be a current or former patient under the Mental Health Act 2007, or forensic patient under the Mental Health (Forensic Provisions Act) 1990.
The Tribunal can only revoke an order if it is satisfied that the person has regained capacity to manage his or her financial affairs or that the revocation is in their best interests. The onus is on the protected person to persuade the Tribunal of these matters.
Who can apply?
Only the person whose affairs are under management (the protected person) is able to apply to have a financial management order revoked. Family members or professionals involved with the protected person are able to assist them to make an application however the application itself must be made by the protected person.
How does a protected person apply?
To apply to have an order revoked the protected person should complete the required application form and send it to the Tribunal. The protected person must also provide evidence to support the application that they are now capable of managing their own affairs or that it is in their best ineterests to have the order revoked. The Tribunal may not be able to proceed with the application if no evidence is provided.
How does the protected person get supporting evidence?
The protected person should contact their case manager, psychiatrist, doctor or other professional currently involved with them and ask for a report to be prepared that addresses the protected person’s current ability to manage their financial affairs and/or why it is in the protected person's best interests to have the order revoked. The protected person can also provide letters and other supporting material from family members, friends or other involved people. This information should be sent to the Tribunal with the application or it can be sent directly to the Tribunal by the person who prepares the report or other information. The Tribunal will consider all evidence it receives, even if the evidence does not support the application.
What happens after the application is received?
Once the application and supporting evidence is received arrangements will be made for a further hearing. Letters will be sent to the protected person, their case manager and other relevant involved people. A letter will also be sent to the NSW Trustee asking for a report to be provided to the Tribunal.
At the hearing the Tribunal will talk to the protected person and other involved people. The Tribunal will consider all evidence it receives, even if the evidence does not support the application. The Tribunal can only revoke the order if satisfied that the protected person is capable of managing their own affairs.
Can the protected person get legal assistance?
Yes, the protected person can be assisted by a solicitor of their choice or they can contact the Mental Health Advocacy Service for assistance on 02 9745 4277. Legal Aid may be available based on a merits test.