EWT [2020] NSWCATGD 98

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EWT [2020] NSWCATGD 98 Hearing dates: 16 June 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Dr S L Thompson, Senior Member (Professional) K Clark, General Member (Community) Decision: 002: Financial Management Application 1. The estate of EWT is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of EWT is committed to the NSW Trustee and Guardian. 003: Review of an Enduring Power of Attorney In relation to the enduring power of attorney made by EWT on 11 October 2016 which appointed JYK and SAK as attorney(s) the Tribunal determines, orders or declares: not to carry out a review of the operation and effect of the enduring power of attorney. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – subject person is of advanced age – subject person has a Major Neurocognitive Disorder – family members appointed as joint attorneys under an enduring power of attorney – mismanagement of the subject person's finances by the attorneys – subject person dissatisfied with the attorneys' management of his money – subject person lacks capacity to manage his affairs – in the subject person's best interests for a financial management order to be made – no private financial manager suitable to be appointed – NSW Trustee and Guardian appointed – order made. REVIEW OF ENDURING POWER OF ATTORNEY – application to review an enduring power of attorney – decision not to carry out a review of the operation and effect of the enduring power of attorney – automatic suspension of the enduring power of attorney under s 50(3) of the Powers of Attorney Act as financial management order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M Powers of Attorney Act 2003 (NSW), ss 36 ,36(1)-(2), 50(3) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: None cited. Category: Principal judgment Parties: 002: Financial Management Application