FJH [2020] NSWCATGD 62

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJH [2020] NSWCATGD 62 Hearing dates: 12 October 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Guardianship Division Before: J Kearney, Senior Member (Legal) M J Staples, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: In relation to the enduring power of attorney made by FJH on 11 August 2005 which appointed SGH 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). The application for review of the enduring power of attorney is treated as an application for a financial management order under Pt 3A of the Guardianship Act 1987 (NSW). 1. The estate of FJH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of FJH is committed to the NSW Trustee and Guardian. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review making of power of attorney – authority of the attorney to give gifts – gifts not authorised – unexplained dealings with bank account of principal – decision to treat as application for a financial management order. Legislation Cited: Guardianship Act 1987 (NSW), Pt 3A, ss 4, 25E, 25G, 25H Powers of Attorney Act 2003 (NSW), Sch 3, ss 11(2), 12(1)-(2), 36, 36(1)-(2), 50(3) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: Nil Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney