UNF [2016] NSWCATGD 41

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UNF [2016] NSWCATGD 41 Hearing dates: 17 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) F Duffy, Senior Member (Professional) M Williams, General Member (Community) Decision: 1. Not to carry out a review of the making of the enduring power of attorney made by Mr UNF on 20 March 2008 which appointed Mr CVE as attorney.

2. To conduct a review of the making of the Reviewable Power of Attorney.

3. That under s 36 (4) of the Powers of Attorney Act 2003 the Reviewable Power of Attorney is varied by adding Mrs ZAG as an attorney, so that the appointed attorneys under the Reviewable Power of Attorney are Mr CVE and Mrs ZAG jointly. Catchwords: REVIEW OF ENDURING POWER OF ATTORNEY – Application to review making of power of attorney – Tribunal decided to conduct review of operation and effect of power of attorney – discussion of the use of the saving provision in s 36(4)(g) of the Powers of Attorney Act 2003 (NSW) as alternative to using s 36(4)(b) or 36(4)(c) – power of attorney varied to add attorney to act jointly Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW), ss 35(1), 36, 36 (a) to (f), and (g), 36(1), 36(3)(a), 36(3)(b), 36(4), 36(5), Cases Cited: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 Re SU (Supreme Court (NSW), Windeyer J, 17 September 2001, unrep) Category: Principal judgment Parties: Mr UNF (Principal of the Reviewable Power of Attorney) Mrs UMD (Applicant) Mr CVE (Attorney appointed under the Reviewable Power of Attorney and the appointed guardian of Mr UNF) Representation: Nil File Number(s): 62296 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)).