OZN [2020] NSWCATGD 95

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OZN [2020] NSWCATGD 95 Hearing dates: 17 September 2020 Date of orders: 17 September 2020 Decision date: 17 September 2020 Jurisdiction: Guardianship Division Before: G Bartley, Senior Member (Legal) J M Wortley, Senior Member (Professional) R M Fela, General Member (Community) Decision: In relation to the enduring power of attorney made by OZN on 8 July 2020 which appointed DDN as attorney, the Tribunal determines, orders or declares: To carry out a review of the making 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 making of an enduring power of attorney – subject person suffered a stroke - ongoing family conflict – whether subject person had capacity at the time power of attorney was signed – best practice – no reason for existing arrangements to be changed – order under s 36(3) of the Powers of Attorney Act not warranted. Legislation Cited: Guardianship Act 1987 (NSW), Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1)-3 Cases Cited: Gibbons v Wright (1954) 91 CLR 423 Ranclaud v Cabban (1988) NSW ConvR 57 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: Nil Category: Principal judgment Parties: 003: Review of an Enduring Power of Attorney OZN (the person) LBN (applicant) NSW Trustee and Guardian DDN (attorney, spouse) Representation: M Falloon, Solicitor, as Separate Representative for OZN File Number(s): NCAT 2020/00189668 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.