KMC [2014] NSWCATGD 43

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KMC [2014] NSWCATGD 43 Hearing dates: 27 October 2014 Decision date: 04 December 2014 Jurisdiction: Guardianship Division Before: Hughes B, Senior Member (Legal) Martin M, Senior Member (Professional) Cootes J, General Member (Community) Decision: Guardianship order revoked; financial management order made. Revocation of enduring power of attorney declared invalid. Catchwords: ENDURING POWER OF ATTORNEY - review of revocation - attorney revoked a subsequent enduring power of attorney - no authority - revocation declared invalid.

GUARDIANSHIP - requested review of guardianship order - Public Guardian and private guardian appointed with separate functions - practicality and need for access function - guardianship order revoked - enduring guardianship appointment no longer suspended.

FINANCIAL MANAGEMENT - two enduring powers of attorney made - conflicting authorities - potential for uncertainty - need for order - suitability for appointment - attorney appointed. Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Holt v Protective Commissioner (1993) 31 NSWLR 227 Texts Cited: G E Dal Pont, Powers of Attorney (2011, LexisNexis) Halsbury, Laws of Australia (LexisNexis) Category: Principal judgment Parties: Mrs KMC (subject person) Mr BDC (applicant, attorney) Mrs MGC (applicant, attorney) Mr NTC (spouse, guardian) The Public Guardian NSW Trustee and Guardian File Number(s): 53264 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)).