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Medical: Litigation tutors and incapacity.

By Bill Madden on March 16, 2022

Barlin v Gayed [2022] NSWSC 278 (on Caselaw).

This is only a short approval of settlement judgment, but it is of interest for the remarks of Harrison J in relation to the relationship between the need for a tutor and the need for the later appointment of a trustee. At [11]:

The appointment of a tutor for the conduct of these proceedings was necessitated by .. (the plaintiff’s) .. extremely limited literacy and of her attenuated ability to grasp and process even relatively uncomplicated legal concepts. The appointment was not a capitulation to the suggestion that she was or remains incapable of managing her own everyday affairs in the community with the assistance and support of her family. To suggest otherwise would be to maintain an overly pedantic view of the concept of management in the circumstances that I have outlined.

[BillMaddensWordpress #1952]

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