KNU [2018] NSWCATGD 45

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNU [2018] NSWCATGD 45 Hearing dates: 22 November 2018 and13 December 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member (Legal) Dr G Jamieson, Senior Member (Professional) D R Sword, General Member (Community) Decision: TZG is removed as a party. The appointment of KHA as an enduring guardian is revoked. In relation to the enduring power of attorney made by KNU on 22 October 2018 which appointed KHA as attorney the Tribunal decided: To carry out a review of the making of the enduring power of attorney. Not to make an order under s 36 of the Powers of Attorney Act 2003 (NSW). The application for review of the enduring power of attorney is treated as an application for a financial management order under Pt 3A of the Guardianship Act 1987 (NSW). 1. The estate of KNU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. KHA of [address removed for publication.] is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he has obtained all necessary authorities from the NSW Trustee and Guardian. Catchwords: GUARDIANSHIP – review of making of enduring guardianship appointment – capacity to make enduring guardianship appointment – circumstances surrounding preparation and execution of enduring documents – preparation of enduring documents on instructions of another person – failure to satisfactorily ensure subject person sufficiently understood the nature and effect of enduring documents – appointment of enduring guardian revoked