NVT [2015] NSWCATGD 37

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NVT [2015] NSWCATGD 37 Hearing dates: 10 August 2015 Date of orders: 10 August 2015 Decision date: 10 August 2015 Jurisdiction: Guardianship Division Before: S Burns, Senior Member (Legal) W Longley, Senior Member (Professional) P Davidson, General Member (Community) Decision: Application for guardianship dismissed.

Application for the appointment of a financial manager dismissed.

Application to review enduring guardianship appointment dismissed for lack of jurisdiction. Catchwords: GUARDIANSHIP – whether subject person lacks capacity to make decisions about her person – medical evidence of capacity to make such decisions – subject person's views considered – relationship between subject person and applicant has broken down – application for guardianship order dismissed

FINANCIAL MANAGEMENT – whether subject person is capable of managing her affairs –medical evidence of capacity to manage affairs – where relationship between the applicant and the subject person has broken down – proceedings in Queensland and NSW to resolve financial and property settlement matters – enduring power of attorney instrument is in place – best interests – whether need for a financial management order – no need – application dismissed

REVIEW OF ENDURING GUARDIANSHIP – application to review Queensland enduring guardianship appointment – where no equivalent document exists in NSW – jurisdiction to conduct a review – application dismissed

INTERLOCUTORY – whether Tribunal has jurisdiction to review an interstate enduring guardianship document - application dismissed for lack of jurisdiction