KNE [2022] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNE [2022] NSWCATGD 22 Hearing dates: 6 July 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Dr J Law, Senior Member (Professional) S Johnston, General Member (Community) Decision: In relation to the enduring power of attorney made by KNE (deceased) on 12 July 2021 which appointed NTN and EDN as attorney(s) the Tribunal determines, orders or declares: to carry out a review of the making and 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) and dismiss the application. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of an enduring power of attorney – principal deceased at the time of application – whether Tribunal should make orders under s 36(4) of the Powers of Attorney Act 2003 – decision to conduct a review of the enduring power of attorney – consideration of whether an order would better reflect the wishes of the principal prior to their death – no order made – application dismissed Legislation Cited: Powers of Attorney Act 2003 (NSW), ss 12(1), 19, 36, 36(1), 36(3)-(4), 36(4)(a), 36(4)(e), 36(6) Cases Cited: UQH [2014] NSWCATGD 37 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney

KNE (deceased) (the person) OKN (applicant) EDN (attorney) NTN (attorney) NSW Trustee and Guardian Representation: Nil. File Number(s): NCAT 2022/00063250 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.