FND [2015] NSWCATGD 55

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FND [2015] NSWCATGD 55 Hearing dates: 27 October 2015 Date of orders: 27 October 2015 Decision date: 27 October 2015 Jurisdiction: Guardianship Division Before: J Anderson, Senior Member (Legal) S Taylor, Senior Member (Professional) A Wannan, General Member (Community) Decision: Enduring Guardianship reviewed; enduring guardianship revoked.

Enduring Power of Attorney reviewed; declined to make orders.

Guardianship order made; private guardian and Public Guardian appointed for 12 months with separate functions, private guardian appointed with medical and dental functions, Public Guardian appointed with accommodation and access functions.

Financial order made; NSW Trustee and Guardian appointed. Catchwords: REVIEW OF ENDURING GUARDIANSHIP – enduring guardian instrument not executed in accordance with requirements – enduring guardian deceased – no alternative (substitute) guardian – appointment of enduring guardian revoked

REVIEW OF ENDURING POWER OF ATTORNEY – Tribunal declined to make orders – power of attorney suspended by Tribunal financial management order

GUARDIANSHIP – enduring guardianship instrument revoked –consideration of factors in section 14 of the Guardianship Act 1987 (NSW) – family conflict – preserving subject person's family relationships – consideration of subject person's best interests – appointment of Public Guardian with accommodation and access functions – appointment of private guardian with medical and dental functions