GFN [2021] NSWCATGD 7

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GFN [2021] NSWCATGD 7 Hearing dates: 28 January 2021, 5 February 2021, and 19 March 2021 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Guardianship Division Before: P H Molony, Senior Member (Legal) E Love, Senior Member (Professional) M McCalman, General Member (Community) Decision: The Tribunal decided, under s 36(1) of the Powers of Attorney Act 2013 (NSW), not to carry out a review of the making of the enduring power of attorney made by GFN on 19 June 2012. The Tribunal decided, under s 36(1) of the Powers of Attorney Act, to carry out a review of the operation and effect of the enduring power of attorney made by GFN on 19 June 2012. As a consequence of reviewing the operation and effect of the enduring power of attorney, the Tribunal decided under s 36(2) of the Powers of Attorney Act not to make an order under s 36 of that Act, but to treat the application for review as an application for a financial management order. The Tribunal committed the estate of GFN to the management of the NSW Trustee and Guardian. 1. The estate of GFN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of GFN is committed to the NSW Trustee and Guardian. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – whether the Tribunal should review the operation and effect of an enduring power of attorney – attorney hid assets from principal's creditors – attorney wrongly appropriated asset to herself – apparent conflict of interest – conferral of benefit with no authority – decision to treat application as an application for financial management – need for asset to be protected – possible need for legal action – actions of proposed manager led to the need for an order – NSW Trustee and Guardian appointed. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M, Pt 3A Powers of Attorney Act 2013 (NSW), ss 9(1), 12, 12(1), 13, 19, 20, 36(1)-(2), 37, 46, 50(3); Sch 3, cl 3(1) of Sch 3 Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 Re R [2000] NSWSC 886 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 The Estate of Weiss (Dec'd) [1962] P 136 ZHC v ZHO [2018] NSWCATAP 190 Texts Cited: G E Dal Pont, Powers of Attorney (3rd ed, 2020, LexisNexis Butterworths) Category: Principal judgment Parties: 011: Review of an Enduring Power of Attorney