CXP [2017] NSWCATGD 33

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXP [2017] NSWCATGD 33 Hearing dates: 11 September 2017 Date of orders: 11 September 2017 Decision date: 11 September 2017 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Dr L Tong, Senior Member (Professional) R Royer, General Member (Community) Decision: The application is dismissed because the Tribunal has no jurisdiction. Catchwords: POWER OF ATTORNEY – application for review of enduring power of attorney – whether instrument is an "enduring power of attorney instrument" – Tribunal's power to review power of attorney

ENDURING POWER OF ATTORNEY – effect of failure to comply with requirements of s 19(1) Powers of Attorney Act 2003 – whether appointment will continue to be effective if the principal loses mental capacity after execution – finding that the instrument did not purport to be a reviewable enduring power of attorney Legislation Cited: Powers of Attorney Act 2003 (NSW), div 4 of pt 5, ss 3(1), 19, 19(1), 19(2), 19(1)(a), 26, 33, 33(1)-(2), 33(4), 36(1) Cases Cited: Nil Texts Cited: G.E. Dal Pont: "Powers of Attorney" (LexisNexis Butterworths, 2011) at [4.6], [4.7] and [4.13] Category: Principal judgment Parties: Mr CXP (principal) Ms QND (applicant, attorney) Ms TAJ (attorney) Representation: Nil File Number(s): NCAT 2017/00196670 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)).