DPT [2015] NSWCATGD 3

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPT [2015] NSWCATGD 3 Hearing dates: 27 February 2015 Date of orders: 27 February 2015 Decision date: 30 April 2015 Jurisdiction: Guardianship Division Before: J Redfern, Principal Member (Legal) R Curran, Senior Member (Professional) I Ferreira, General Member (Community) Decision: Application to review enduring power of attorney made on 7 July 2005 dismissed. Catchwords: ENDURING POWER OF ATTORNEY – application for review – principal deceased at time of hearing– whether Tribunal has power to review – whether Tribunal should order accounts – exercise of discretion – decision not to make any orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: UQH [2014] NSWCATGD 37 KBX [2015] NSWCATGD 2 Category: Principal judgment Parties: Mr QAT (the applicant) Mr TXT, Mr NFT and Ms BDT (the attorneys) Mr SEB (joined party) File Number(s): 57029 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 1. The Tribunal dismissed the application for review of the enduring power of attorney made on 7 July 2005.

Background 1. Mrs DPT executed an enduring power of attorney appointing three of her four children, namely Mr TXT, Mr NFT and Ms BDT, as her attorneys. They were appointed to act jointly and severally. 2. On 31 July the Tribunal received an application from Mr QAT, Mrs DPT's remaining son, to review the enduring power of attorney. 3. Mrs DPT passed away on 6 September 2014. The applicant decided to proceed with his application and made directions about the conduct of the proceedings in November and December 2014. 4. Mrs DPT executed her last will and testament on 12 December 2003. She appointed Mr SEB and Mr XFB as her executors and trustees. After making a number of modest monetary bequests, she left the balance of her estate to her four children. Mrs DPT made provision for Mr TXT to have an option to purchase from her executors a three-quarter share in her house in Regional NSW at three quarters of the fair market value. If Mr TXT chose to take this option, the remaining quarter share was to be transmitted to him with the proceeds of the sale to be distributed to her remaining children. 5. On 21 November 2014, the Tribunal joined Mr SEB to the proceedings at his request. The Tribunal also issue directions that the parties file and serve submissions and documents regarding various transactions between the children and Mrs DPT. 6. The Tribunal considered the application for review but declined to make any orders. Our reasons follow. 7. The parties and a list of the witnesses who participated in the hearing are listed in the Appendix [Removed for publication].