NAU [2014] NSWCATGD 16

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NAU [2014] NSWCATGD 16 Hearing dates: 24 January 2014 Decision date: 24 January 2014 Jurisdiction: Guardianship Division Before: Currie J, Senior Member (Legal) Ovadia T, Senior Member (Professional) Hilson F, General Member (Community) Decision: Enduring guardianship appointment revoked. Limited guardianship order made for a period of 12 months; Public Guardian appointed with accommodation, health care, medical and dental consent and services. Declaration that principal did not have mental capacity to make enduring power of attorney. Financial management order made; NSW Trustee and Guardian appointed. Catchwords: ENDURING GUARDIANSHIP - Review of appointment of enduring guardian - capacity to make appointment - enduring guardian requested revocation - best interests.

ENDURING POWER OF ATTORNEY - Review of capacity to make and review of operation and effect - Capacity to make enduring power of attorney after a stroke - assessment by solicitor that principal had capacity - no independent interpreter.

GUARDIANSHIP - Application for guardianship order - need for an order - no person responsible.

FINANCIAL MANAGEMENT - Application for financial management order - need for an order. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 P v R [2003] NSWSC 819 Re D [2012] NSWSC 1006 PB v BB [2013] NSWSC 1223 Category: Principal judgment Parties: Ms NAU (subject person) Ms LBD (applicant) Mr EBG (enduring guardian and attorney) The Public Guardian The NSW Trustee and Guardian File Number(s): 54922 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)).