QMT [2015] NSWCATGD 44

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QMT [2015] NSWCATGD 44 Hearing dates: 14 December 2015 Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) L Tong, Senior Member (Professional) M Smith, General Member (Community) Decision: Leave for Solicitor A to represent Mr DAX in these proceedings refused.

Reviewed enduring guardianship appointment and confirmed the appointment.

Declared under s 36(3)(a) of the Powers of Attorney Act 2003 (NSW) that Mrs QMT did have the mental capacity to make a valid enduring power of attorney. Catchwords: REVIEW OF APPOINTMENT OF ENDURING GUARDIAN – no evidence that decision making by enduring guardian not in principal's best interests – views of principal taken into account – appointment confirmed

REVIEW OF ENDURING POWER OF ATTORNEY – application seeking revocation of enduring power of attorney on the grounds principal did not have capacity – principal diagnosed with severe vascular dementia – evidence from solicitor who explained instrument to principal – Tribunal satisfied principal had capacity to make enduring power of attorney – declaration of mental capacity

PRACTICE AND PROCEDURE – application for legal representation by a party – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), section 45(1) Guardianship Act 1987 (NSW), ss 4, 6K(2) Powers of Attorney Act 2003 (NSW), ss 35, 35(1), 36(1), 36(3)(a); Sch 6, Cl 5 Civil and Administrative Tribunal Rules 2014 (NSW), Rule 31(1) Category: Principal judgment Parties: to the review of the enduring guardianship appointment: