CJB [2017] NSWCATGD 28

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJB [2017] NSWCATGD 28 Hearing dates: 27 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Guardianship Division Before: S Roushan , Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) D Crowley, General Member (Community) Decision: 003: Review of an Enduring Power of Attorney

In relation to the enduring power of attorney made by CJB on 14 January 1998, which appointed Ms NMB and Ms BJB as attorney(s), the Tribunal determines, orders or declares:

Not to make an order under section 36 of the Powers of Attorney Act 2003. The application for review of the enduring power of attorney is treated as an application for a financial management order under Part 3A of the Guardianship Act 1987.

1. The estate of CJB is subject to management under the NSW Trustee and Guardian Act 2009.

2. Ms NMB is appointed as the financial manager of the estate.

NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within three years. Catchwords: ENDURING POWER OF ATTORNEY – application to review the operation and effect of the enduring power of attorney – best interests – duties of attorney – conflict between financial interests – decision to treat as application for the appointment of a financial manager