LCQ [2022] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LCQ [2022] NSWCATGD 10 Hearing dates: 30 March 2022 Date of orders: 30 March 2022 Decision date: 30 March 2022 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) A M Matheson, Senior Member (Professional) B R Epstein-Frisch AM, General Member (Community) Decision: In relation to the enduring power of attorney made by LCQ on 15 June 2013 which appointed KQZ and QAY 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. The appointment of QAY as an enduring power of attorney is revoked, and she is removed from office as an attorney under s 36(4)(b) of the Powers of Attorney Act 2003 (NSW). Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – principal appointed two joint attorneys – principal is of advanced age – principal diagnosed with dementia – allegations of mismanagement of the principal's finances by one of the attorneys – breakdown of the relationship between jointly appointed attorneys – power of attorney unworkable – Tribunal exercises discretion to make an order under s 36(4)(b) of the Powers of Attorney Act – decision to revoke the appointment of one of the attorneys. Legislation Cited: Guardianship Act 1987 (NSW), Pt 3A Powers of Attorney Act (NSW), ss 12(1), 33(2), 36(1), 36(4), 36(4)(b), 36(10), 37(1) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney