NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TLT [2015] NSWCATGD 48 Hearing dates: 28 October 2015 Date of orders: 28 October 2015 Decision date: 28 October 2015 Jurisdiction: Guardianship Division Before: A Suthers, Senior Member (Legal) G Jamieson, Senior Member (Professional) L Stewart, General Member (Community) Decision: Leave refused for Mr EIT to be represented by Mr Peter Lofitis, an Australian legal practitioner.
Leave refused for Mr KTT to be represented by Mr Evangelos Patakas, an Australian legal practitioner.
Leave refused for Mr MIT to be represented by Mr James Kelly, an Australian legal practitioner.
Not to carry out a review of the making of the enduring power of attorney; application dismissed.
Enduring guardianship appointment revoked.
Application for a review of the enduring guardianship appointment treated as if it were an application for the appointment of a guardian.
Public Guardian appointed for 12 months with the functions of accommodation, health care, medical and dental treatment and services.
NSW Trustee and Guardian appointed as the manager of the estate of Mrs TLT. Catchwords: ENDURING GUARDIANSHIP – application to review enduring guardianship instrument – where instrument is not workable due to non-acceptance of appointees – best interests – enduring guardianship instrument revoked
GUARDIANSHIP – application to review enduring guardianship instrument treated as if it were an application for the appointment of a guardian – whether Mrs TLT is a person in need of a guardian – s 14(2) of the Guardianship Act 1987 (NSW) considerations – welfare and interests of the person are paramount consideration – where there are differing capacity assessments – dispute between family members - public guardian appointed
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