MZN [2024] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MZN [2024] NSWCATGD 3 Hearing dates: 29 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Guardianship Division Before: S Pinto, Senior Member (Legal) S E Taylor, Senior Member (Professional) Emeritus Professor P J Foreman AM, General Member (Community) Decision: REVIEW OF ENDURING GUARDIANSHIP APPOINTMENT The application for a review of the enduring guardianship instrument is dismissed after hearing. REVIEW OF AN ENDURING POWER OF ATTORNEY In relation to the enduring power of attorney made by MZN on 11 April 2022 which appointed OYE 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 section 36 of the Powers of Attorney Act 2003 (NSW) and dismiss the application. FINANCIAL MANAGEMENT APPLICATION 1. The estate of MZN is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. QKE, of [Address removed for publication.], is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from 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 – where enduring power of attorney not operating in the principal's best interests – decision to treat application to review an enduring power of attorney as an application for a financial management order – principal incapable of managing own financial affairs – suitability of proposed private manager – private financial manager appointed – order made REVIEW OF ENDURING GUARDIANSHIP – principal resides in an aged care facility – principal diagnosed with dementia – finding that the enduring guardian is making decisions in the principal's best interests – no evidence that the enduring guardian is preventing access to the principal – decision not to carry out a review of the enduring guardianship appointment – no order made – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 6HB, 6J, 6K, 6K(2)-(3), 6MA; Pt 3A Powers of Attorney Act 2003 (NSW), ss 33(2), 36(1), 36(3)-(4), 37(1), 50(3) Cases Cited: Gibbons v Wright (1954) 91 CLR 423 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Guardianship Appointment