EVN [2017] NSWCATGD 16

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EVN [2017] NSWCATGD 16 Hearing dates: 17 January 2017 Date of orders: 17 January 2017 Decision date: 17 January 2017 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Dr S McSwiggan, Senior Member (Professional) D Crowley, General Member (Community) Decision: 1. The application by Mr SZC for a financial management order in relation to the estate of EVN is dismissed. Catchwords: FINANCIAL MANAGEMENT – application for financial management – need for a financial management order – separate representative's views considered – duties of attorney appointed under Enduring Power of Attorney – continuation of current attorney in best interests – application dismissed Legislation Cited: Powers of Attorney Act 2003 (NSW), ss 13(1), 36, 38 Cases Cited: CJ v AKJ [2015] NSWSC 498 G v G [2016] NSWSC 511 McD v McD (1983) 3 NSWLR 81 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 Category: Principal judgment Parties: Ms EVN (person under consideration) Mr SZC (applicant) Mrs BMH (appointed attorney of Ms EVN) The NSW Trustee and Guardian Representation: Separate Representation: N Danis (Ms EVN)

Legal Representation: J Muscat (Mrs BMH) K Ridley (Mr SZC) File Number(s): 63391 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)).