CKJ [2022] NSWCATGD 16

CKJ [2022] NSWCATGD 16

The Tribunal accepted CKJ's evidence and was satisfied that she had a competent understanding of her finances, assets, debts and proposed discretionary spending, and that the concerns raised by DTD had been addressed or did not establish incapacity. Because CKJ was presently capable of managing her financial affairs, there was no basis to appoint a financial manager. The Tribunal also declined to review the 2022 enduring power of attorney because CKJ made an informed decision to appoint FZN, FZN had made no decisions under the instrument, the evidence did not establish that he was unsuitable to act if CKJ later lost capacity, and there was no practical utility in making an order while CKJ...

Jurisdiction
Australia
Judgment Date
06 September 2022
Procedural Posture
Financial Management Application and Review of an Enduring Power of Attorney / Hearing Before the Guardianship Division; Applications Dismissed
Outcome
The application to appoint a financial manager was dismissed after hearing, and the Tribunal determined not to carry out a review of the operation and effect of the enduring power of attorney and dismissed the application.
Legal Topics
['capacity to Manage Affairs' 'financial Management Order' 'review of Enduring Power of Attorney' 'suitability of Attorney']
['guardianship' 'financial Management' 'powers of Attorney'] ['capacity to Manage Affairs' 'financial Management Order' 'review of Enduring Power of Attorney' 'suitability of Attorney']

Case Brief

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Procedural Posture

Financial Management Application and Review of an Enduring Power of Attorney / Hearing Before the Guardianship Division; Applications Dismissed

Legal Issues

  1. 1 ['Whether CKJ was incapable of managing her affairs.' "Whether there was a need for another person to manage CKJ's affairs and whether it was in her best interests for a financial management order to be made." 'If a financial management order were made, who should be appointed financial manager.' 'Whether the Tribunal should carry out a review of the enduring power of attorney made by CKJ on 7 June 2022 appointing FZN as attorney.']

Ratio Decidendi

The Tribunal accepted CKJ's evidence and was satisfied that she had a competent understanding of her finances, assets, debts and proposed discretionary spending, and that the concerns raised by DTD had been addressed or did not establish incapacity. Because CKJ was presently capable of managing her financial affairs, there was no basis to appoint a financial manager. The Tribunal also declined to review the 2022 enduring power of attorney because CKJ made an informed decision to appoint FZN, FZN had made no decisions under the instrument, the evidence did not establish that he was unsuitable to act if CKJ later lost capacity, and there was no practical utility in making an order while CKJ...

Court Disposition

The application to appoint a financial manager was dismissed after hearing, and the Tribunal determined not to carry out a review of the operation and effect of the enduring power of attorney and dismissed the application.

Orders

  • ['The application to appoint a financial manager is dismissed after hearing.' 'In relation to the enduring power of attorney made by CKJ on 7 June 2022 which appointed FZN as attorney(s) the Tribunal determines, orders or declares not to carry out a review of the operation and effect of the enduring power of...