KWD [2014] NSWCATGD 49

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KWD [2014] NSWCATGD 49 Hearing dates: 8 May 2014 Date of orders: 08 May 2014 Decision date: 08 May 2014 Jurisdiction: Guardianship Division Before: Currie J, Senior Member (Legal) Garrard J, Senior Member (Professional) Manga R, General Member (Community) Decision: Declaration of mental capacity to make enduring power of attorney.

Declaration of invalid revocation of enduring power of attorney.

Financial management order made; private financial manager appointed, reviewable in six months. Catchwords: ENDURING POWER OF ATTORNEY – review of making and revocation of enduring powers of attorney – revocation invalid – revocation effected by conduct – implied revocation due to execution of subsequent enduring power of attorney – mental capacity to make and revoke enduring powers of attorney – transfer of funds from principal to attorney.

FINANCIAL MANAGEMENT – application for financial management order – need for independent oversight – suitability for appointment – subject person expressed view as to who should be appointed – conflict of interest – suspension of enduring power of attorney – reviewable order to consider revocation and allow attorney to act.

GUARDIANSHIP – application for guardianship order – enduring guardianship appointment made – no need for order – application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Baker v Biddle (1923) 33 CLR 188; [1923] HCA 26 Estate of Evans [2010] SASE 193 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re E (Enduring Power of Attorney) [2001] Ch 364373; [2000] 3All ER 1004; [2000] 3 WLR 1974 per Arden J Texts Cited: GE Dal Pont, Powers of Attorney, (2011, LexisNexis Butterworths) [11.12] Category: Principal judgment Parties: Mrs KWD (subject person) Mrs MKC (applicant and attorney) Mr SXL (carer and attorney) The NSW Trustee and Guardian The Public Guardian File Number(s): 55115 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)).