QNT [2016] NSWCATGD 74

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QNT [2016] NSWCATGD 74 Hearing dates: 3 March 2016 Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Guardianship Division Before: S M Roberts, Senior Member (Legal) Dr J McAuliffe, Senior Member (Professional) K Laurence, General Member (Community) Decision: 1. The Tribunal decided under s 36(1) of the Powers of Attorney Act 2003 (NSW) to carry out a review of the revocation on 24 September 2014 of the enduring power of attorney made by Ms QNT on 27 March 2012.

2. As a consequence of reviewing the revocation of the enduring power of attorney, the Tribunal decided under s 36(2) of the Powers of Attorney Act not to make an order under s 36 of that Act but to treat the application for review as an application for a financial management order.

3. The Tribunal committed the management of the estate of Ms QNT to the NSW Trustee and Guardian.

4. The Tribunal adjourned the application for review of the appointment of Mr XGT as enduring guardian for Ms QNT until a date to be fixed by the Registrar. Catchwords: GUARDIANSHIP – review of revocation of enduring power of attorney – 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 – decision to treat as application for the appointment of a financial manager – capability to manage one's own affairs – potential conflict of interest – vulnerability to exploitation – discretion to make a financial management order – consideration of who to appoint as financial manager – appointment of NSW Trustee and Guardian as financial manager Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M, pt 3A Powers of Attorney Act 2003 (NSW), ss 36, 36(1)-(2), 36(3A), 37 Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 P v R [2003] NSWSC 819 P v NSW Trustee and Guardian [2015] NSWSC 579 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Texts Cited: Nil Category: Principal judgment Parties: Review of the enduring power of attorney: