PGT [2024] NSWCATGD 8

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PGT [2024] NSWCATGD 8 Hearing dates: 13 March 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) M J Staples, Senior Member (Professional) Emeritus Professor P J Foreman AM, General Member (Community) Decision: In relation to the enduring power of attorney made by PGT on 24 August 2018 which appointed DFT, BHT and NKT 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. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the making and operation and effect of an enduring power of attorney – principal is now deceased – allegations of financial exploitation by the attorneys – death of the principal terminates an enduring power of attorney – no practical utility in conducting a review of the making of an enduring power of attorney which has terminated – whether the Tribunal should make orders under s 36(4) of the Powers of Attorney Act 2003 – consideration of whether an order would better reflect the wishes of the principal prior to their death – Tribunal has no jurisdiction to order reimbursement to an estate – decision not to review the making or the operation and effect of the enduring power of attorney – no order made – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW), ss 19, 35, 36, 36(1), 36(3)-(4), 36(4)(e) Cases Cited: HKE [2021] NSWCATGD 43 KBX [2015] NSWCATGD 2 DPT [2015] NSWCATGD 3 KFE [2021] NSWCATGD 42 KNE [2022] NSWCATGD 22 KTC [2011] NSWGT 23 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 UQH [2014] NSWCATGD 37 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney