BDN [2014] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDN [2014] NSWCATGD 15 Hearing dates: 27, 28 February and 3 April 2014 Decision date: 27 May 2014 Jurisdiction: Guardianship Division Before: Redfern J, Principal Member Martin K, Senior Member (Professional) Johnston S, General Member (Community) Decision: Enduring guardianship appointment confirmed. Limited guardianship order made for a period of six months; Public Guardian appointed with services, advocacy and access functions. Financial management order made; NSW Trustee and Guardian appointed reviewable in six months. Applications for review of enduring power of attorney dismissed. Catchwords: GUARDIANSHIP - dispute about capacity - family conflict - deterioration in previously good family relationship - need for independent advocacy.

FINANCIAL MANAGEMENT - capacity to manage finances - inconsistent medical evidence - mismanagement of estate by attorney - suitability for appointment as financial manager - conflict of interest.

ENDURING POWER OF ATTORNEY - review of operation and effect - termination of joint power of attorney on death of one attorney - jurisdiction - whether instrument can be reinstated - not in best interests to reinstate power of attorney.

ENDURING GUARDIANSHIP - appointment suspended pending limited guardianship order - not in best interests to revoke - confirmed. Legislation Cited: Conveyancing Act 1919 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Re GHI (a protected person) [2005] NSWSC 581 PY v RJS [1982] 2 NSWLR 70 H v H (Supreme Court Equity Division Protective List (NSW), Young J, 20 March 2000, unreported) Re D [2012] NSWSC 1006 P v R [2003] NSWSC 819 Holt v Protective Commissioner (1993) 31 NSWLR 227 Texts Cited: Collier and Lindsay, Powers of Attorney in Australia and New Zealand (1992, The Federation Press) Oxford Concise Dictionary Category: Principal judgment Parties: Mrs BDN Mrs TFX (Applicant) Mr MPN (Applicant, Enduring Guardian and Attorney) The NSW Trustee and Guardian The Public Guardian File Number(s): 54466 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)).