DAM [2016] NSWCATGD 67

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAM [2016] NSWCATGD 67 Hearing dates: 14 December 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) J M Wortley, Senior Member (Professional) R M Fela, General Member (Community) Decision: Review of appointment of Enduring Power of Attorney 1. The Tribunal declares that Mr DAM did not have the mental capacity to make a valid enduring power of attorney on 21 November 2016.

2. The enduring power of attorney made by Mr DAM on 21 November 2016 which appointed Mr BIM and Ms TUN is wholly invalid.

Review of appointment of Enduring Guardian 1. The enduring guardianship appointment made by Mr DAM appointing Mr BIM and Ms TUN as his enduring guardians is revoked. Catchwords: ENDURING POWER OF ATTORNEY – review of making of enduring power of attorney – involuntary patient – instrument executed during day release – capacity to execute the enduring power of attorney appointment – capacity to understand the nature and effect of the document – enduring power of attorney revoked

ENDURING GUARDIANSHIP – review of appointment of enduring guardian – involuntary patient – instrument executed during day release – capacity to execute the enduring guardianship appointment – best interests – enduring guardianship revoked Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(5), 38(6), 51 Guardianship Act 1987 (NSW), s 4, Part 3A Powers of Attorney Act 2003 (NSW), ss 36(1), 36(2) Cases Cited: Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Category: Principal judgment Parties: Mr DAM (the appointor) Mr BIM (attorney appointed under the enduring power of attorney being reviewed and appointed enduring guardian) Ms TUN (attorney appointed under the enduring power of attorney being reviewed and appointed enduring guardian) Ms DIT (applicant) The NSW Trustee and Guardian The NSW Public Guardian File Number(s): 64406 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)).