KXD [2023] NSWCATGD 5

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KXD [2023] NSWCATGD 5 Hearing dates: 4 April 2023 Date of orders: 4 April 2023 Decision date: 04 April 2023 Jurisdiction: Guardianship Division Before: S Barnes, Senior Member (Legal) A M Matheson, Senior Member (Professional) Emeritus Professor P J Foreman AM, General Member (Community) Decision: In relation to the enduring power of attorney made by KXD on 29 April 2021 which appointed TYD, EZD and KAD as attorney(s) the Tribunal determines, orders or declares: not to carry out a review of the making and operation and effect of the enduring power of attorney. The application for review of the appointment of an enduring guardian made by KXD 29 April 2021 is dismissed after hearing. 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 – principal's partner seeks the removal of one of the appointed attorneys – principal expressed clear wishes for all appointed attorneys to continue making decisions on her behalf – no evidence of mismanagement of the principal's funds – no evidence that appointed attorneys are not acting in the principal's best interests – decision not to carry out a review of the enduring power of attorney – no order made – application dismissed REVIEW OF ENDURING GUARDIANSHIP – application to review an enduring guardianship appointment – principal diagnosed with early onset dementia – principal's partner seeks revocation of the enduring guardianship appointment – decision to treat the application as an application for a guardianship order – whether a guardianship order should be made – whether the Tribunal should include a special condition in a guardianship order requiring the principal's partner to be included in discussions about the principal's welfare – no decisions to be made which cannot be made under existing appointment – finding that the principal's partner is not suitable to be appointed as guardian – undue conflict of interest – not in the principal's best interests that a guardianship order be made – appointment of enduring guardians confirmed – no orders made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 6J(1)(b), 6K(2), 14, 14(2), 15(3), 17(1)(b), Pt 3A Powers of Attorney Act 2003 (NSW), ss 35, 36, 36(1)-(2) 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