FFJ [2014] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFJ [2014] NSWCATGD 22 Hearing dates: 11 April 2014 Decision date: 11 April 2014 Jurisdiction: Guardianship Division Before: Moir J, Senior Member (Legal) Williams P, Senior Member (Professional) Epstein-Frisch B, General Member (Community) Decision: The principal did not have mental capacity to revoke the enduring power of attorney and the power remains wholly valid. Limited guardianship order made for period of six months; private guardian appointed with accommodation, health care and medical and dental; alternate private guardian appointed; Public Guardian appointed with access. Financial management order made; private manager appointed; order reviewable after six months. Catchwords: ENDURING POWER OF ATTORNEY - review of revocation - capacity to revoke enduring power of attorney - allegations of mismanagement by attorney - attorney received loan and benefits - conflict of interest.

GUARDIANSHIP - application for guardianship order - family conflict - enduring guardianship appointment made - need for accommodation and services decisions - alternate guardian.

FINANCIAL MANAGEMENT - application for financial management order - existence of two conflicting enduring powers of attorney - need for certainty of authority - best interests - suitability for appointment - conflict of interest.

PROCEDURAL FAIRNESS - disclosure of evidence - order restricting disclosure of submissions to all parties - evidence taken from subject person in absence of all parties. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Gibbons v Wright (1954) 91 CLR 423 Scott v Scott [2012] NSWSC 1541 Re GHI (a protected person) [2005] NSWSC 581 PY v RJS [1982] 2 NSWLR 700 H v H (unreported) NSW Supreme Court, Young J, 20 March 2000 McD v McD (1983) 3 NSWLR 81 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 C S and M Y v the Guardianship Tribunal and the Public Guardian (unreported) NSW Supreme Court, Windeyer J, 29 November 1999 Category: Principal judgment Parties: Mrs FFJ (subject person) Ms BBM (applicant, attorney and enduring guardian) Mr QBJ (joined party) Mr KAJ (joined party) The Public Guardian The NSW Trustee and Guardian File Number(s): 55331 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)).