NRE [2015] NSWCATGD 62

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NRE [2015] NSWCATGD 62 Hearing dates: 26 May 2015 Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) S Taylor, Senior Member (Professional) D Crowley, General Member (Community) Decision: The Tribunal:

1. determined to carry out a review of the operation and effect of the enduring power of attorney made by Mrs NRE on 24 October 2011, which appointed Mrs EMT and Mrs DSF as her attorneys;

2. determined not to make any order under s 36 of the Powers of Attorney Act 2003 (NSW) in relation to the operation and effect of that enduring power of attorney;

3. dismissed the application made by Miss FAE for a review of the operation and effect of that enduring power of attorney; and

4. appointed Mrs EMT as Mrs NRE's financial manager, subject to the authorities and directions ordered by the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – application for financial management order – review of operation of enduring power of attorney – termination of power caused by death of attorney – power of Tribunal to review enduring instrument – decision to conduct review under s 36(1) of the Powers of Attorney Act 2003 (NSW) – decision not to make any order: s 36(2) of the Powers of Attorney Act – capability to manage one's own affairs – possibility of decision being made on an informal basis – discretion to make a financial management order – consideration of who to appoint as financial manager – appointment of private financial manager Legislation Cited: Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW), ss 5, 36, 46(1), 46(1A) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Mrs NRE (the subject person) Miss FAE (the applicant) NSW Trustee and Guardian Representation: Nil File Number(s): 58930 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)).