NDT [2014] NSWCATGD 33

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NDT [2014] NSWCATGD 33 Hearing dates: 30 September 2014 Decision date: 30 September 2014 Jurisdiction: Guardianship Division Before: Connor E, Senior Member (Legal) Stone S, Senior Member (Professional) Manga R, General Member (Community) Decision: Financial management order made; private manager appointed. Catchwords: FINANCIAL MANAGEMENT - application for financial management order - enduring power of attorney made - need for an order where enduring power of attorney in place - capacity of attorney - alleged delegation of authority by attorney - sale of property - need for certainty of authority - best interests - financial management order suspends enduring power of attorney - alternate attorney appointed as financial manager. Legislation Cited: Guardianship Act 1987 Category: Principal judgment Parties: Mr NDT (subject person) Mrs WES (applicant) Mrs GKT (spouse and attorney) Mrs POL (substitute attorney) NSW Trustee and Guardian File Number(s): 57376 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)).

reasons for decision

What the Tribunal decided 1The Tribunal appointed Mrs POL as financial manager for Mr NDT, subject to the authorities and directions of the NSW Trustee and Guardian.