WBX [2021] NSWCATGD 32

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WBX [2021] NSWCATGD 32 Hearing dates: 23 April 2021 Date of orders: 23 April 2021 Decision date: 23 April 2021 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) Associate Professor C Willcox, Senior Member (Professional) P Davidson, General Member (Community) Decision: Review of enduring power of attorney of 14 January 2020: In relation to the enduring power of attorney made by WBX on 14 January 2020 which appointed QSB and TCJ 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 QSB and TCJ as an enduring power of attorney is revoked. Review of enduring power of attorney of 25 January 2021: In relation to the enduring power of attorney made by WBX on 25 January 2021 which appointed TCJ as attorney(s) the Tribunal determines, orders or declares: to carry out a review of the making of the enduring power of attorney. WBX did have the mental capacity to make a valid enduring power of attorney BZH is joined as Party. The request by TCJ to be legally represented is refused. Review of revocation of enduring power of attorney of 14 January 2020: In relation to the revocation of the enduring power of attorney made by WBX on 14 January 2020 which appointed QSB and TCJ as attorney(s) the Tribunal determines, orders or declares: WBX did have the mental capacity to revoke an enduring power of attorney. Review of appointment of enduring guardian of 14 January 2020: In relation to the enduring guardian appointment made by WBX on 14 January 2020 appointing QSB and TCJ the Tribunal orders, directs or declares: The appointment of QSB as an enduring guardian is revoked. The appointment of TCJ as an enduring guardian is confirmed. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – principal made and subsequently revoked several enduring power of attorney and enduring guardianship appointments – principal has early stage dementia – significant assets in Australia and the United Kingdom – review of the making of the enduring power of attorney – finding that the principal had the mental capacity to make a valid enduring power of attorney – review of the operation and effect of an enduring power of attorney – relationship between attorneys irretrievably broken down – attorneys unable to act jointly or severally to make decisions in the principal's best interests – Tribunal exercises discretion to make an order under s 36(4)(f) of the Powers of Attorney Act – enduring power of attorney revoked. REVIEW OF REVOCATION OF AN ENDURING POWER OF ATTORNEY – Tribunal exercises discretion to make an order under s 36(3A)(a) of the Powers of Attorney Act – finding that the principal had the mental capacity to revoke a power of attorney. REVIEW OF ENDURING GUARDIANSHIP – principal appointed two enduring guardians jointly and severally – relationship between enduring guardians irretrievably broken down – one of the appointed enduring guardians does not have a personality generally compatible with the principal – principal expressed clear wishes about who she wanted to appoint as her enduring guardian – decision to revoke the enduring guardianship appointment to remove one of the enduring guardians. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 45 Guardianship Act 1987 (NSW), s 4, Pt 2, Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1)-(2), 36(3)(a), 36(3A)(a), 36(4)(b), 36(4)(f) 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