KZB [2020] NSWCATGD 35

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZB [2020] NSWCATGD 35 Hearing dates: 17 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Guardianship Division Before: S G McCarthy, Senior Member (Legal) Dr A Baird, Senior Member (Professional) M McCalman, General Member (Community) Decision: In relation to the enduring power of attorney made by KZB on 25 January 2002 which appointed FCT and SKB as attorney(s) the Tribunal determines, orders or declares: to carry out a review of the operation and effect of the enduring power of attorney. FCT is removed from office as an attorney. BYT is appointed to replace FCT. Catchwords: GUARDIANSHIP – application to review operation and effect of enduring power of attorney – application for replacement of attorney unopposed – attorneys appointed on a joint and several basis – attorney made withdrawals totalling $180,000 from subject person's account, later re-depositing them – acts apparently not in accordance with fiduciary obligations – enduring power of attorney reviewed - attorney removed and substituted – new attorney appointed on a joint and several basis. Legislation Cited: Guardianship Act 1987 (NSW), Part 3A Powers of Attorney Act 2003 (NSW), ss 12(1), 36(1)-(2) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Category: Principal judgment Parties: KZB (the person) BYT (applicant) FCT (attorney) SKB (attorney) NSW Trustee and Guardian Representation: Nil File Number(s): NCAT 2020/00028942 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.