WBN [2015] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: WBN [2015] NSWCATGD 9 Hearing dates: 14 April 2015 Date of orders: 14 April 2015 Decision date: 14 April 2015 Jurisdiction: Guardianship Division Before: J Redfern, Principal Member M Wroth, Senior Member (Professional) J Newman, General Member (Community) Decision: Reviewed enduring guardianship appointment and dismissed the application.

Did not renew enduring power of attorney of 2006 because no jurisdiction and dismissed the application.

Reviewed enduring power of attorney of 2006, treated it as a financial management application, appointed private manager. Catchwords: VALIDITY OF INSTRUMENTS – capacity – vulnerability to exploitation – revocation of enduring power of attorney and enduring guardianship – need for financial management Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: H v H (unreported NSW Supreme Court Equity Division Protective List 20 March 2000) McD v McD (1983) 3 NSWLR 81 P v R [2003] NSWSC 819 P v NSW Trustee and Guardian [2015] NSWSC 579 PY v RJS [1982] 2 NSWLR 70 Re D [2012] NSWSC 1006 Re GHI (a protected person) [2005] NSWSC 581 Category: Principal judgment Parties: Ms TRN (who requested the review) Mrs WBN (who made the enduring guardianship and the enduring powers of attorney appointments) Ms FDK (enduring guardian and attorney) Representation: Mr QAN (legal representative) File Number(s): 56113 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)).