IEI [2014] NSWCATGD 12

IEI [2014] NSWCATGD 12

The ongoing antagonism, breakdown in communication, and inability to cooperate between Mrs HNL and Mr MHI as joint and several attorneys is contrary to Mrs IEI’s best interests. There is no evidence of dishonesty or mismanagement by Mrs HNL. Mrs HNL has appropriately managed the finances and will continue to do so. It is therefore in the best interests of Mrs IEI to revoke the 2010 power of attorney appointing Mr MHI as attorney and allow the 2009 power (appointing Mrs HNL as sole attorney) to continue.

Jurisdiction
Australia
Judgment Date
19 June 2014
Procedural Posture
Review of Enduring Power of Attorney / Final Decision After Hearing
Outcome
2009 enduring power of attorney reviewed, no order made and application dismissed; 2010 enduring power of attorney revoked.
Legal Topics
['enduring Power of Attorney' 'duties of Attorney' 'fiduciary Duties' 'conflict Between Attorneys' 'review and Revocation of Attorney' 'best Interests of Principal']
['guardianship' 'powers of Attorney'] ['enduring Power of Attorney' 'duties of Attorney' 'fiduciary Duties' 'conflict Between Attorneys' 'review and Revocation of Attorney' 'best Interests of Principal']

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Procedural Posture

Review of Enduring Power of Attorney / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the continuing appointment of joint and several attorneys is in the best interests of the principal' "Whether Mrs HNL has mismanaged or misused the principal's finances" 'Whether the Tribunal should revoke the 2010 power of attorney appointing Mr MHI as attorney' 'Whether there is a positive duty for an enduring attorney to act when the principal has lost capacity']

Ratio Decidendi

The ongoing antagonism, breakdown in communication, and inability to cooperate between Mrs HNL and Mr MHI as joint and several attorneys is contrary to Mrs IEI’s best interests. There is no evidence of dishonesty or mismanagement by Mrs HNL. Mrs HNL has appropriately managed the finances and will continue to do so. It is therefore in the best interests of Mrs IEI to revoke the 2010 power of attorney appointing Mr MHI as attorney and allow the 2009 power (appointing Mrs HNL as sole attorney) to continue.

Court Disposition

2009 enduring power of attorney reviewed, no order made and application dismissed; 2010 enduring power of attorney revoked.

Orders

  • ['Application to review 2009 enduring power of attorney dismissed, no order made.' 'Enduring power of attorney dated 26 May 2010 revoked.']