SNC (No 1) [2014] NSWCATGD 17

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SNC (No 1) [2014] NSWCATGD 17 Hearing dates: 27 February 2014 Decision date: 27 February 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) Jamieson G, Senior Member (Professional) Whaite A, General Member (Community) Decision: Enduring guardianship appointment revoked; decision to treat as guardianship application. Limited guardianship order made for a period of 12 months; Public Guardian appointed with access; private guardian appointed with accommodation, health care and services. Catchwords: REVIEW OF ENDURING GUARDIANSHIP - review of appointment of enduring guardian - capacity to make - allegations that enduring guardian not acting in best interests of appointor - allegation against carer - family conflict - appointment revoked - best interests - decision to treat as guardianship application - apprehended violence order - access function. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: IF v IG & Others [2004] NSWADTAP 3 Category: Principal judgment Parties: Mrs SNC (subject person) Mr DBC (enduring guardian) Mr KBK (applicant, alternative enduring guardian) The Public Guardian File Number(s): 55277 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)).