SZQ [2018] NSWCATGD 50

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SZQ [2018] NSWCATGD 50 Hearing dates: 13 March 2018 Date of orders: 13 March 2018 Decision date: 13 March 2018 Jurisdiction: Guardianship Division Before: G Bartley, Senior Member (Legal) S Flanagan, Senior Member (Professional) D Crowley, General Member Decision: In relation to the enduring power of attorney made by SZQ on 20 February 2012 which appointed TAQ as attorney 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). 1. The estate of SZQ is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of SZQ is committed to the NSW Trustee and Guardian. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – 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 – mismanagement of funds by the attorney – large portion of the principal's estate spent or transferred to the attorney and her family members as gifts – 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 – significant cognitive impairment – need to pay for costs related to residential aged care and medical care – no private person suitable to be appointed – NSW Trustee and Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M, Pt 3A Powers of Attorney Act 2003 (NSW), ss 11(2), 12(1)-(2) and 13(2), 19, 36, 36(1)-(2), 50(3), Sch 3 Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: None cited. Category: Principal judgment Parties: 006: Review of an Enduring Power of Attorney