MCQ [2014] NSWCATGD 29

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MCQ [2014] NSWCATGD 29 Hearing dates: 13 August 2014 Decision date: 13 August 2014 Jurisdiction: Guardianship Division Before: Simpson J, Senior Member (Legal) Creasey H, Senior Member (Professional) Porter L, General Member (Community) Decision: Guardianship application dismissed. Financial management order made; private manager appointed. Enduring power of attorney reviewed; no orders made; application dismissed. Catchwords: GUARDIANSHIP - application for guardianship order - standing - genuine concern - person responsible - enduring guardianship appointment made - family conflict - allegations that enduring guardian restricting communication and access to family - subject person's views - no need for an order.

FINANCIAL MANAGEMENT - application for financial management order - standing - conflict of interest - capability to manage - complexity of estate - family businesses - suitability for appointment - no fees or remuneration proposed to be charged by professional accountant.

ENDURING POWER OF ATTORNEY - application to review operation and effect - gifts made to attorney - attorney entitled to benefits under the power - conflict of interest. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: ACJ [2007] NSWGT 15 QAG [2007] NSWGT 12 KTC [2011] NSWGT 21 IF v IG & Others [2004] NSWADTAP 3 PY v RJS [1992] 2 NSWLR 700 H v H, unreported, Supreme Court of NSW, Justice Young, 20 March 2000 Re GHI [2005] NSWSC 581 P v R [2003] NSWSC 819 Re D [2012] NSWSC 1006 Re R [2000] NSWSC 886 Holt v Protective Commissioner [1993] 31 NSWLR 227 SH v Protective Commissioner [2006] ADTAP 22 LA v Protective Commissioner [2004] NSWADTAP 39 M v M [2013] NSWSC 1495 H v H, Supreme Court Protective Division, unreported, Hodgson J, 31 March 1994 Re L [2000] NSWSC 721 Category: Principal judgment Parties: Mr MCQ (subject person) Mrs MSQ (spouse, attorney and enduring guardian) Mr PMN (applicant) The Public Guardian The NSW Trustee and Guardian File Number(s): 55165 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)).