SKC [2014] NSWCATGD 39

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SKC [2014] NSWCATGD 39 Hearing dates: 29 October 2014 Decision date: 29 October 2014 Jurisdiction: Guardianship Division Before: Connor E, Senior Member (Legal) Beale I, Senior Member (Professional) Williams M, General Member (Community) Decision: Attorney replaced. Financial management order made; private manager appointed, order reviewable within 12 months. Catchwords: ENDURING POWER OF ATTORNEY - review of operation and effect - obligation of attorney to act in best interests of principal - principal's inheritance dissipated - attorney sought to resign - attorney replaced.

FINANCIAL MANAGEMENT - brain injury - need for an order - investigation into attorney's conduct - recovery of estate -NSW Trustee and Guardian to assist financial manager with recovery - order suspends operation of power of attorney. Legislation Cited: Powers of Attorney Act 2003 (NSW) Category: Principal judgment Parties: Mr SKC (subject person) Ms QLO (applicant) Ms MPI (attorney) The NSW Trustee and Guardian File Number(s): 57174 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 reviewed the operation and effect of the enduring power of attorney made by Mr SKC on 3 April 2014 and ordered that Mr HMX be appointed to replace Ms MPI under that enduring power of attorney. 2The Tribunal appointed Mr HMX as private financial manager subject to the directions and authorities of the NSW Trustee and Guardian and ordered that the order be reviewed within 12 months.