CKJ [2022] NSWCATGD 16

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKJ [2022] NSWCATGD 16 Hearing dates: 6 September 2022 Date of orders: 6 September 2022 Decision date: 06 September 2022 Jurisdiction: Guardianship Division Before: D Jay, Senior Member (Legal) C M Kennedy, Senior Member (Professional) S Fogg, General Member (Community) Decision: The application to appoint a financial manager is dismissed after hearing. In relation to the enduring power of attorney made by CKJ on 7 June 2022 which appointed FZN 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 and dismissed the application. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – subject person is of advanced age – whether subject person is incapable of managing their own affairs – evidence taken from the subject person in private – subject person able to explain her current financial situation – sensible management of assets and liabilities – no evidence of subject person being unable to manage own finances – application dismissed. REVIEW OF ENDURING POWER OF ATTORNEY – application to review an enduring power of attorney – changes to long-standing appointment of attorney – subject person capable of making informed decision to appoint an attorney – decision not to carry out a review of the enduring power of attorney – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), Pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1)–(2) Cases Cited: CJ v AKJ [2015] NSWSC 498 McD v McD (1983) 3 NSWLR 81 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: 001: Financial Management Application