KBS [2019] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KBS [2019] NSWCATGD 36 Hearing dates: 16 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) Dr L Tong, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: In relation to the enduring power of attorney made by KBS on 20 June 2011 which appointed LZN and FAV 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. TNS is appointed to replace FAV. In relation to the enduring guardian appointment made by KBS on 20 June 2011 appointing LZN and FAV the Tribunal orders, directs or declares: TNS is appointed to replace FAV. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – review of the operation and effect of an enduring power of attorney – principal appointed two attorneys jointly and severally – mismanagement of the principal's finances by one of the attorneys – Tribunal exercises discretion to make an order under s 36(2) of the Powers of Attorney Act – decision to replace one of the attorneys under the enduring power of attorney with the principal's family member. REVIEW OF ENDURING GUARDIANSHIP – principal is of advanced aged – principal diagnosed with advanced dementia – principal appointed two enduring guardians jointly and severally – one of the enduring guardians sought to resign from the enduring guardianship appointment due to a conflict of interest – decision to replace one of the enduring guardians with the principal's family member – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), Pt 2, Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(2), 36(4) 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