QNH [2022] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QNH [2022] NSWCATGD 9 Hearing dates: 20 January 2022 Date of orders: 20 January 2022 Decision date: 20 January 2022 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Associate Professor C Willcox, Senior Member (Professional) P J McGirr, General Member (Community) Decision: 001: Review of an Enduring Power of Attorney In relation to the enduring power of attorney made by QNH on 16 January 2018 which appointed EYH and NAH 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). 003: Review or Revoke Financial Management Order The Financial Management order for QNH made on 28 July 2021 has been reviewed. The order now is as follows: 1. The estate of QNH is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of QNH is committed to the NSW Trustee and Guardian. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY– where the subject person is now a permanent resident of another state – power of attorney made under the laws of NSW – Tribunal found to have jurisdiction – review of the operation and effect of an enduring power of attorney – whether an order under s 36 of the Powers of Attorney Act should be made – decision to treat application to review an enduring power of attorney as an application for a financial management order – subject person is of advanced age – subject person with Alzheimer's type dementia – subject person not capable of managing their own affairs – significant conflict within subject person's family – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. FINANCIAL MANAGEMENT – requested review of an interim financial management order – whether financial management order should be revoked – in the subject person's best interests for the financial management order to continue – decision not to revoke financial management order – application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 4, 4(a), 25H Powers of Attorney Act 2003 (NSW), ss 5(f), 36, 36(1)-(2) Victorian Guardianship and Administration Act 2019 (Vic) Cases Cited: Burns v Corbett [2018] HCA 15 NBL [2019] NSWCATGD 5 Zistis v Zistis [2018] NSW 722 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney