KNT [2020] NSWCATGD 93

KNT [2020] NSWCATGD 93

The Tribunal has jurisdiction to make a guardianship order for a person physically present in NSW at the time of the hearing, even if not a resident. KNT is incapable of managing her person due to cognitive impairment and family conflict requires an independent decision-maker; therefore, the Public Guardian is appointed as guardian for six months. The Tribunal lacks jurisdiction to review enduring powers of attorney made under ACT law or to make financial management orders for a person with no property or residence in NSW.

Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Guardianship and Financial Management Applications With Review of Enduring Power of Attorney / Decision at First Instance (guardianship Division, Ncat)
Outcome
Guardianship order made; applications for review of enduring power of attorney and for financial management dismissed for want of jurisdiction.
Legal Topics
['jurisdiction for Guardianship Orders' 'recognition and Review of Interstate Powers of Attorney' 'appointment of Public Guardian' 'capacity and Cognitive Impairment' 'conflict of Interest in Guardianship' 'family Conflict and Guardianship' 'scope and Duration of Guardianship Orders']
['guardianship' 'powers of Attorney' 'financial Management'] ['jurisdiction for Guardianship Orders' 'recognition and Review of Interstate Powers of Attorney' 'appointment of Public Guardian' 'capacity and Cognitive Impairment' 'conflict of Interest in Guardianship' 'family Conflict and Guardianship' 'scope and Duration of Guardianship Orders']

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Procedural Posture

Guardianship and Financial Management Applications With Review of Enduring Power of Attorney / Decision at First Instance (guardianship Division, Ncat)

Legal Issues

  1. 1 ['Whether Tribunal has jurisdiction to make a guardianship order for a person who is a resident of another state but physically present in NSW' 'Whether Tribunal has jurisdiction to review an enduring power of attorney made in another state' 'Whether Tribunal has jurisdiction to make a financial management order for a person who does not own property in NSW and is resident in another state' 'Whether KNT is a person for whom a guardianship order should be made given cognitive impairment' 'Who should be appointed guardian given family conflict' 'What functions and duration the guardianship order should have']

Ratio Decidendi

The Tribunal has jurisdiction to make a guardianship order for a person physically present in NSW at the time of the hearing, even if not a resident. KNT is incapable of managing her person due to cognitive impairment and family conflict requires an independent decision-maker; therefore, the Public Guardian is appointed as guardian for six months. The Tribunal lacks jurisdiction to review enduring powers of attorney made under ACT law or to make financial management orders for a person with no property or residence in NSW.

Court Disposition

Guardianship order made; applications for review of enduring power of attorney and for financial management dismissed for want of jurisdiction.

Orders

  • ['Application to review enduring power of attorney made by KNT on 8 July 2017 is dismissed for want of jurisdiction.' 'Applications for financial management for KNT are dismissed for want of jurisdiction.' 'A guardianship order is made for KNT.' 'The Public Guardian is appointed as guardian.' 'Continuing...