AGM v NSW Trustee and Guardian [2012] NSWADTAP 18

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AGM v NSW Trustee and Guardian [2012] NSWADTAP 18 Hearing dates: 24 February 2012 Decision date: 01 June 2012 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President Ms L Goodchild, Judicial Member Ms A Wunsch, Non-Judicial Member Decision: 1. The following orders of the Guardianship Tribunal are affirmed: (1) To carry out a review of the operation and effect of the enduring power of attorney made by [AGO] on 10 December 1999 which appointed [AGQ]. (2) To remove [AGQ] from office as attorney under the enduring power of attorney made by [AGO] on 10 December 1999. 2. The following order of the Guardianship Tribunal is set aside; (1) To make a financial management order and to commit the management of the estate of [AGO] to the NSW Trustee. 3. These orders come in to effect 8 weeks from the date of this decision. Catchwords: APPEAL - question of law - Guardianship Tribunal's jurisdiction to make a financial management order when considering an application under the Powers of Attorney Act 2003 Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Rules 1998 Guardianship Act 1987 Powers of Attorney Act 2003 Cases Cited: ADK v NSW Trustee and Guardian [2011] NSWADTAP 60 N v Protective Commissioner & Ors [2007] NSWADTAP 68 Category: Principal judgment Parties: AGM (First Appellant) AGN (Second Appellant) AGO (Respondent) AGP (Respondent) AGQ (Respondent) NSW Trustee and Guardian (Respondent) Guardianship Tribunal Crown Solicitor's Office (Solicitor Assisting) Representation: Counsel M Pringle (Appellants) PJ Ellis (Appellants) Crown Solicitor's Office (Assisting Tribunal) File Number(s): 118010 Publication restriction: S126 of the Administrative Decisions Tribunal Act Decision under appeal Citation: Unreported Date of Decision: 2011-07-27 00:00:00 Before: Guardianship Tribunal File Number(s): C/47150; 2011/2045