NZQ [2017] NSWCATGD 47

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NZQ [2017] NSWCATGD 47 Hearing dates: 3 March 20176, March 2017, 10 April 2017, 19 May 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Guardianship Division Before: Ms Rhonda Booby, Senior Member (Legal) Dr Brenda McPhee, Senior Member (Professional) Dr Jennifer Green, General Member (Community) Decision: The Tribunal orders and determines:

1. Not to make any order under s 36 of the Powers of Attorney Act 2003 (NSW) in relation to the enduring power of attorney.

2. To treat the application for a review of the enduring power of attorney as an application for a financial management order under the Guardianship Act 1987 (NSW).

3. The estate of Mrs NZQ is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

4. The management of the estate of Mrs NZQ is committed to the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – review of operation and effect of enduring power of attorney – appeal – matter remitted after appeal – standing to bring application – "interested person" under s 35(1) of the Powers of Attorney Act (NSW) – procedure – where subject person unable to participate in the hearing due to effect of their disability – decision to conduct review under s 36(1) of the Powers of Attorney Act – 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 – advice or directions under s 38 of the Powers of Attorney Act – separate representative