OBQ [2020] NSWCATGD 59

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OBQ [2020] NSWCATGD 59 Hearing dates: 11 September 2020 and 25 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr G Jamieson, Senior Member (Professional) K Laurence, General Member (Community) Decision: In relation to the enduring power of attorney made by OBQ on 9 October 2017 which appointed DZC as attorney/s. The Tribunal determines, orders or declares: not to carry out a review of the revocation of the enduring power of attorney. In relation to the enduring power of attorney made by OBQ on 6 April 2018 which appointed LAQ and TYQ 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; not to make an order under s 36 of the Powers of Attorney Act 2003 (NSW) and dismiss the application. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – whether adequate records kept – whether attorneys gained personal benefit – whether conflict of interest arises – subject person retains capacity to instruct – not in subject person's interests to overturn subject person's decisions – no order made. REVIEW OF AN ENDURING POWER OF ATTORNEY – review of the revocation of an enduring power of attorney – subject person possibly influenced but will not overborne – no evidence of weight indicating undue influence – no evidence of weight indicating the subject person was confused or misled – decision not to review revocation. Legislation Cited: Guardianship Act 1987 (NSW), Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1)-(2), 12(1) Cases Cited: Re R [2000] NSWSC 886 Slattery J in Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Tulloch (deceased) v Braybon (No 2) [2010] NSWSC 650 Texts Cited: Nil Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney