HAP [2014] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HAP [2014] NSWCATGD 4 Hearing dates: 24 January 2014 Decision date: 24 January 2014 Jurisdiction: Guardianship Division Before: Moir J, Senior Member (Legal) Cummins A, Senior Member (Professional) Pickering E, General Member (Community) Decision: Limited guardianship order made for a period of 12 months; private guardian appointed with accommodation, health care and medical and dental consent functions. Financial management order made; NSW Trustee and Guardian appointed. Catchwords: GUARDIANSHIP - application for guardianship order - enduring guardianship appointment made - cancellation of services by enduring guardian - enduring guardian not acting in best interests of appointor - guardianship order suspends enduring guardianship appointment - suitability for appointment as guardian - practicability of joint appointment.

FINANCIAL MANAGEMENT - application for financial management order - enduring power of attorney made - capacity to make enduring power of attorney - mismanagement of estate by attorney - vulnerability to financial exploitation - financial management order suspends enduring power of attorney - suitability for appointment as financial manager - recovery action may be required.

PROCEDURAL FAIRNESS - notice of hearing - hearing in the absence of a party (attorney) - hearing at hospital for subject person to participate. Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (unreported) NSW Supreme Court, 29 November 1999 Re GHI (a protected person) [2005] NSWSC 581 PY v RJS [1982] 2 NSWLR 700 H v H (unreported) NSW Supreme Court 20 March 2000 McD v McD (1983) 3 NSWLR 81 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 Category: Principal judgment Parties: Mr HAP Ms MEC (Applicant) Mrs FAP (Spouse) Mr BEB (Attorney and Enduring Guardian) The Public Guardian The NSW Trustee and Guardian File Number(s): 55342 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).