NGK [2024] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NGK [2024] NSWCATGD 12 Hearing dates: 19 June 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Guardianship Division Before: J McAteer Senior Member S Lee Senior Member (Professional) A Healy General Member (Community) Decision: 001: Review of an Enduring Power of Attorney The application is dismissed because the Tribunal has no jurisdiction, pursuant to s 55(1)(b) of the NSW Civil and Administrative Tribunal Act 2013 (NSW). 002: Financial Management application 1. The estate of NGK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. BFK of [Address removed for publication.], ECK of [Address removed for publication.], MBK of [Address removed for publication.], and QNK of [Address removed for publication.] are appointed jointly and severally as the financial managers of the estate. NOTE: The financial managers are not authorised to deal with the estate (other than to protect the assets) until they have obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – consideration of the Tribunal's jurisdiction under the Powers of Attorney Act 2003 (NSW) – finding that the instrument is not an enduring power of attorney – the Tribunal has no jurisdiction to review a general power of attorney – application dismissed FINANCIAL MANAGEMENT – application for a financial management order – subject person diagnosed with dementia – subject person in respite care – subject person incapable of managing their own affairs – power of attorney no longer operable – need for another person to manage subject person's affairs – private managers suitable to be appointed – private managers appointed on a joint and several basis – order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 55(1)(b) Guardianship Act 1987 (NSW), ss 4, 25G, 25G(a), 25M Powers of Attorney Act 2003 (NSW), ss 19, 26, 37, 38(1)-(2) Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 CJ v AKJ [2015] NSWSC 498 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 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 Texts Cited: None cited. Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney