LNN [2014] NSWCATGD 50

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LNN [2014] NSWCATGD 50 Hearing dates: 11 December 2014 Date of orders: 22 December 2014 Decision date: 22 December 2014 Jurisdiction: Guardianship Division Before: Schyvens M, Deputy President West C, Senior Member (Professional) Porter L, General Member (Community) Decision: Enduring power of attorney reinstated – substitute attorney appointed – new clause inserted into power of attorney. Catchwords: ENDURING POWER OF ATTORNEY – review of operation and effect – vacancy in the office – attorney deceased – no provision for continuation of instrument in the event of a vacancy in the office - jurisdiction to review terminated power of attorney – whether power conferred jointly or jointly and severally where multiple attorneys directed to act by majority – scope of orders under s 36(4) – best interests. Legislation Cited: Powers of Attorney Act 2003 (NSW) Powers of Attorney Amendment Act 2013 (NSW) Cases Cited: FDT [2010] NSWGT 4 BDN [2014] NSWCATGD 15 Texts Cited: Berna Collier and Shannon Lindsay, Powers of Attorney in Australia and New Zealand (1992, The Federation Press) Category: Principal judgment Parties: Mr LNN (subject person) Mrs ZLN (applicant, attorney) Mr QMN (applicant, attorney) Mr EBN (applicant, attorney) Mrs KCL (applicant, attorney) File Number(s): 57067 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)).