QFC (No 2) [2018] NSWCATGD 49

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QFC (No 2) [2018] NSWCATGD 49 Hearing dates: 28 May 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) W Longley, Senior Member (Professional) D R Sword, General Member (Community) Decision: The application for a financial management order is dismissed after hearing.

In relation to the enduring power of attorney made by QFC on 19 February 2010 which appointed EZC and RBC as attorney the Tribunal determines:

- to carry out a review of the operation and effect of the enduring power of attorney;

- not to make an order under s 36 of the Powers of Attorney Act 2003 (NSW) and dismiss the application. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – no evidence to establish subject person not capable of managing her day-to-day finances – whether subject person has cognitive impairment – evidence insufficient to find subject person incapable of managing her affairs – whether subject person vulnerable to influence – subject person capable of rejecting proposals from attorney – application dismissed.

REVIEW OF ENDURING POWER OF ATTORNEY – application to review operation and effect of enduring power of attorney – whether the Tribunal should make an order under s 36(4) of the Powers of Attorney Act - whether an order under s 36(4) of the Powers of Attorney Act would be in the subject person's best interests – whether attorney has a conflict of interest – where subject person has invested in company in which attorney involved – subject person capable of making decisions for themselves – subject person capable of making investment decisions - Tribunal not satisfied that an order under s 36(4) of the Powers of Attorney Act would be in subject person's best interests – no order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(d) Guardianship Act 1987 (NSW), Pt 3A Powers of Attorney Act 2003 (NSW) ("POA Act"), ss 12(1), 36, 36(1)-(2) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Re R [2000] NSWSC 886 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Texts Cited: Nil Category: Principal judgment Parties: 001: Financial Management Application