HZS [2018] NSWCATGD 28

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HZS [2018] NSWCATGD 28 Hearing dates: 2 February 2018 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) L Stewart, General Member (Community) Decision: Application for Guardianship

The application for a guardianship order is dismissed after hearing.

Review of an Enduring Power of Attorney

In relation to the enduring power of attorney made by HZS on 31 July 2017 which appointed DAS as attorney the Tribunal determines, orders or declares:

a) to review the enduring power of attorney.

b) as a consequence of carrying out the review, not to make an order in relation to the making of the enduring power of attorney.

c) to make the following orders in relation to the operation and effect of the enduring power of attorney:

The term of, or a power conferred by, the enduring power of attorney is varied by changing the wording of paragraph 4, commencement of the operation of the power of attorney, from "Once the attorney/s have accepted his/her appointment by signing this document" to "Once my attorney considers that I need assistance managing my affairs".

DAS is removed from office as an attorney.

NZN is appointed to replace DAS. Catchwords: GUARDIANSHIP – application for a guardianship order – application dismissed – review of making and operation and effect of enduring power of attorney – decision to conduct review under s 36(1) of the Powers of Attorney Act 2003 (NSW) – variation by Tribunal of power of attorney – attorney replaced – commencement of power of attorney varied Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 14 Powers of Attorney Act 2003 (NSW), ss 19 s 36(1)–(2), 36(4), 36(4)(a)–(c) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Guardianship Application