KNQ [2019] NSWCATGD 19

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KNQ [2019] NSWCATGD 19 Hearing dates: 24 October 2019 Date of orders: 24 October 2019 Decision date: 24 October 2019 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) A M Matheson, Senior Member (Professional) E Lyne, General Member (Community) Decision: The application to Review the Power of Attorney is dismissed after hearing.

The application to review the Guardianship Order is dismissed after hearing.

The application to review the Guardianship Order is dismissed after hearing. Catchwords: GUARDIANSHIP – review of making and operation and effect of enduring power of attorney – decision not to conduct review under s 36(1) of the Powers of Attorney Act 2003 (NSW) – power of attorney purportedly revoked by interstate tribunal – financial management order made by interstate tribunal – financial managers have power to investigate history of subject person's affairs – financial managers can apply to have interstate order recognised in NSW – application dismissed.

GUARDIANSHIP – requested review of guardianship order – appointment of Public Guardian as guardian – where a parallel order made by interstate tribunal – whether appointment of family is preferable to that of Public Guardian – suitability of applicant to be appointed guardian – applicant unsuitable to be appointed guardian – guardianship order confirmed – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 6K3, 14(2), 25M, 48B(1)-(3) NSW Trustee and Guardian Act 2009 (NSW), s 63 Powers of Attorney Act 2003 (NSW), ss 5(c), 36, 36(1)-(2), 50, 50(1) Cases Cited: IF v IG [2004] NSWADTAP 3 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: Nil Category: Principal judgment Parties: 004: Review of an Enduring Power of Attorney