FND [2015] NSWCATGD 55

FND [2015] NSWCATGD 55

The Tribunal revoked the enduring guardianship appointment because the instrument was not executed in accordance with statutory requirements and was rendered inoperative by the death of one guardian, and it was not appropriate to confirm or substitute the appointment. Due to Ms FND's incapacity and significant family conflict, the Tribunal made a guardianship order, appointing Ms TBD as guardian for medical and dental decisions, and the Public Guardian for accommodation and access decisions for 12 months. The Tribunal declined to make further orders on the enduring power of attorney and instead made a financial management order appointing the NSW Trustee and Guardian due to Ms FND's...

Jurisdiction
Australia
Judgment Date
27 October 2015
Procedural Posture
Guardianship and Financial Management Application / Final Orders and Reasons for Decision
Outcome
Enduring guardianship revoked; guardianship and financial management orders made; enduring power of attorney reviewed—no orders;
Legal Topics
['review of Enduring Guardianship' 'review of Enduring Power of Attorney' 'financial Management Order' 'appointment of Guardians' 'family Conflict in Guardianship' 'disability and Decision Making Incapacity']
['guardianship Law' 'tribunal Procedure' 'elder Law'] ['review of Enduring Guardianship' 'review of Enduring Power of Attorney' 'financial Management Order' 'appointment of Guardians' 'family Conflict in Guardianship' 'disability and Decision Making Incapacity']

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Procedural Posture

Guardianship and Financial Management Application / Final Orders and Reasons for Decision

Legal Issues

  1. 1 ['Whether enduring guardianship appointment should be confirmed, revoked or substituted' 'Whether guardianship order should be made, and who should be appointed guardian' 'Whether the enduring power of attorney should be reviewed, and orders made' 'Whether financial management order should be made, and who should be appointed as financial manager']

Ratio Decidendi

The Tribunal revoked the enduring guardianship appointment because the instrument was not executed in accordance with statutory requirements and was rendered inoperative by the death of one guardian, and it was not appropriate to confirm or substitute the appointment. Due to Ms FND's incapacity and significant family conflict, the Tribunal made a guardianship order, appointing Ms TBD as guardian for medical and dental decisions, and the Public Guardian for accommodation and access decisions for 12 months. The Tribunal declined to make further orders on the enduring power of attorney and instead made a financial management order appointing the NSW Trustee and Guardian due to Ms FND's...

Court Disposition

Enduring guardianship revoked; guardianship and financial management orders made; enduring power of attorney reviewed—no orders;

Orders

  • ['Appointment of Ms TBD as guardian for medical and dental treatment for Ms FND for 12 months.' 'Appointment of Public Guardian as guardian for accommodation and access functions for Ms FND for 12 months.' 'Revocation of enduring guardianship appointment.' 'Review of enduring power of attorney—no orders made.'...