PGB [2014] NSWCATGD 32

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PGB [2014] NSWCATGD 32 Hearing dates: 19 September 2014 Decision date: 19 September 2014 Jurisdiction: Guardianship Division Before: Boxall A, Senior Member (Legal) Beale I, Senior Member (Professional) Manga R, General Member (Community) Decision: Financial management order made; joint private managers appointed. Catchwords: FINANCIAL MANAGEMENT - application for financial management order - enduring power of attorney made - allegations of mismanagement by attorney - sale of property - unpaid services fees - need for an order - financial management order suspends enduring power of attorney - suitability for appointment - reviewable order - directions to appointed financial manager about loan - directions to attorney to provide information to appointed financial managers.

PROCEDURAL FAIRNESS - bias - disclosure of acquaintance with a party - hearing in the absence of a party (the attorney).

INTERLOCUTORY ISSUES - leave for legal representation Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Re GHI (a protected person) [2005] NSWSC 581 PY v RJS [1982] 2 NSWLR 700 H v H (unreported) NSW Supreme Court 20 March 2000 McD v McD (1983) 3 NSWLR 81 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 Category: Principal judgment Parties: Mrs PGB (subject person) Ms IAB (applicant) Ms TBB (carer) Mr HCB (attorney) The NSW Trustee and Guardian Representation: Solicitor B for Ms IAB and Ms TBB File Number(s): 57370 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)).