KSU [2019] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KSU [2019] NSWCATGD 13 Hearing dates: 27 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) M J Staples, Senior Member (Professional) L Stewart, General Member (Community) Decision: In relation to the enduring power of attorney made by KSU on 10 June 2013 which appointed TZG and NSU as attorneys the Tribunal determines, orders or declares:

KSU did not have the mental capacity to revoke an enduring power of attorney.

The application by NZL for a financial management order for KSU is dismissed after hearing.

The application by QSU for a financial management order for KSU is dismissed after hearing. Catchwords: REVIEW OF MAKING OF ENDURING POWER OF ATTORNEY – review of revocation of enduring power of attorney – whether subject person had capacity to revoke enduring power of attorney – fluctuating capacity – family dispute – weight of evidence – subject person did not have capacity to revoke enduring power of attorney.

FINANCIAL MANAGEMENT – application for a financial management order – whether there is a need for a financial management order – where subject person has appointed enduring powers of attorney – where current arrangements are meeting the subject person's best interests – no need for an order – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), s 4 Powers of Attorney Act, ss 36(1)-(2) Cases Cited: McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: N/A Category: Principal judgment Parties: 001: Review Revocation of an Enduring Power of Attorney