MBC [2016] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MBC [2016] NSWCATGD 36 Hearing dates: 15 February 2016 Date of orders: 15 February 2016 Decision date: 15 February 2016 Jurisdiction: Guardianship Division Before: C Murray, Senior Member (Legal) M Matheson, Senior Member (Professional) F Given, General Member (Community) Decision: Enduring power of Attorney; reviewed the enduring power of attorney and decided not to make order.

Financial management; treated application for review of the enduring power of attorney as an application for a financial management order, NSW Trustee and Guardian appointed as manager. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – Tribunal decided not to make an order under s 36(2) of the Powers of Attorney Act 2003 (NSW) – treated the application for review as an application for a financial management order pursuant to s 37

FINANCIAL MANAGEMENT – subject person resides overseas – property assets in NSW – conflict between several attorneys – complicated financial affairs – NSW Trustee and Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), Part 3A; ss 3(2), 4, 25G, 25F(d), 25M NSW Trustee and Guardian Act 2009 (NSW), s 39 Powers of Attorney Act 2003 (NSW), ss 35(1)(a), 36, 36(1), 36(2), 36(4), 37, 50(3) Cases Cited: Holt v Protective Commissioner (1993) 31 NSWLR 227 Parker v Higgins [2012] NSWSC 1516 Category: Principal judgment Parties: Mr MBC (principal under the enduring power of attorney) Mr TWC (applicant and attorney under the enduring power of attorney) Ms LDC (attorney under the enduring power of attorney) NSW Trustee and Guardian Representation: Nil File Number(s): 61210 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)).