KNQ [2019] NSWCATGD 19

The Tribunal dismissed the application to review the enduring power of attorney because, if ACAT validly revoked it, there was nothing to review, and if it remained operative, LAB and SYB as ACAT-appointed managers had powers to manage and investigate KNQ's affairs and could seek recognition in New South Wales, which would suspend SQB's attorney powers. The Tribunal confirmed the guardianship order without variation because KNQ continued to have a disability preventing her from making important life decisions, the evidence before ACAT appeared deficient, family conflict remained significant, LAB's conduct and submissions raised serious concerns about his suitability, and KNQ's protective...

Jurisdiction: Australia
Judgment Date: 24 October 2019
Procedural Posture: Guardianship Division Applications to Review an Enduring Power of Attorney and Requested Reviews of a Guardianship Order / Hearing of Three Review Applications After NCAT Orders Made on 8 April 2019 and ACAT Orders Made on 20 August 2019
Outcome: The application to review the enduring power of attorney was dismissed after hearing. Both applications to review the guardianship order were dismissed after hearing, and the guardianship order appointing the Public Guardian was confirmed without variation.
Legal Topics: ['review of Enduring Power of Attorney' 'review of Guardianship Order' 'standing' 'interstate Tribunal Orders' 'recognition of Interstate Financial Management Appointment' 'suitability of Guardian' 'protective Jurisdiction']

['guardianship' 'powers of Attorney' 'financial Management' 'administrative Law'] ['review of Enduring Power of Attorney' 'review of Guardianship Order' 'standing' 'interstate Tribunal Orders' 'recognition of Interstate Financial Management Appointment' 'suitability of Guardian' 'protective Jurisdiction']

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Procedural Posture

Guardianship Division Applications to Review an Enduring Power of Attorney and Requested Reviews of a Guardianship Order / Hearing of Three Review Applications After NCAT Orders Made on 8 April 2019 and ACAT Orders Made on 20 August 2019

Legal Issues

1 ['Whether LAB had standing to seek review of the enduring power of attorney and guardianship order, and whether the Public Guardian had standing to seek review of the guardianship order.' "Whether the Tribunal should conduct a review of the making or operation and effect of KNQ's enduring power of attorney under s 36(1) of the Powers of Attorney Act 2003 (NSW)." "Whether ACAT's purported revocation of the enduring power of attorney made further review by NCAT pointless or unnecessary." 'Whether KNQ continued to have a disability preventing her from making important life decisions and remained a person for whom a guardianship order could be made.' 'Whether the NSW guardianship order should be revoked or confirmed in light of the later ACAT guardianship order appointing LAB and SYB.' "Whether LAB was suitable to act as KNQ's guardian and whether the Public Guardian should remain appointed."]

Ratio Decidendi

Court Disposition

The application to review the enduring power of attorney was dismissed after hearing. Both applications to review the guardianship order were dismissed after hearing, and the guardianship order appointing the Public Guardian was confirmed without variation.

Orders

['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.']