SEI [2014] NSWCATGD 23

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SEI [2014] NSWCATGD 23 Hearing dates: 14 April 2014 Decision date: 14 April 2014 Jurisdiction: Guardianship Division Before: Anderson J, Senior Member (Legal) Stone S, Senior Member (Professional) Djoneski V, General Member (Community) Decision: Decision not to carry out a review of an enduring power of attorney and dismiss the application. Consent to withdrawal of application to review enduring guardianship appointment. Catchwords: ENDURING POWER OF ATTORNEY - review of making and review of operation and effect - capacity to make - undue influence - no independent advice - attorney's requirement to act - attorney's requirement to keep accounts - allegations of mismanagement - insufficient grounds to warrant review.

ENDURING GUARDIANSHIP - application to review enduring guardianship appointment - communication between family members - no immediate decisions to be made - conciliation between parties - consent to withdrawal of application.

PROCEDURAL FAIRNESS - opportunity to be heard - lack of notice to party - adjournment considered - several previous adjournments - hearing proceeded. Legislation Cited: Guardianship Act 1987(NSW) Powers of Attorney Act 2003 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Catherine Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Category: Principal judgment Parties: Mrs SEI (subject person) Ms WRB (applicant, attorney and enduring guardian) Ms TGI (attorney and enduring guardian) Mrs DIW (alternate enduring guardian) File Number(s): 54823 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)).