KBX [2015] NSWCATGD 2

KBX [2015] NSWCATGD 2

The Tribunal is empowered to review an enduring power of attorney after the death of the principal where it would better reflect the principal's wishes, but in this case, finding the applicant has alternative remedies as executor and no practical utility in Tribunal orders, it exercised discretion not to review the appointment or make orders. Leave for legal representation was also refused given the circumstances and fairness considerations.

Parties
Applicant: Mr LFX; Attorney/respondent: Mrs LDI
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Application for Review of Enduring Power of Attorney / Final Decision
Outcome
Application for leave to represent Mrs LDI refused. Application to review enduring power of attorney dismissed.
Legal Topics
Enduring Power of Attorney, Legal Representation in Tribunal, Review Powers
Guardianship Elder Law Enduring Power of Attorney Legal Representation in Tribunal Review Powers

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Parties

Mr LFX

Applicant

Mrs LDI

Attorney/respondent

Procedural Posture

Application for Review of Enduring Power of Attorney / Final Decision

Legal Issues

  1. 1 Whether the Tribunal has power to review an enduring power of attorney after the principal's death
  2. 2 Whether leave should be granted for legal representation
  3. 3 Whether the Tribunal should order accounts or conduct a review

Ratio Decidendi

The Tribunal is empowered to review an enduring power of attorney after the death of the principal where it would better reflect the principal's wishes, but in this case, finding the applicant has alternative remedies as executor and no practical utility in Tribunal orders, it exercised discretion not to review the appointment or make orders. Leave for legal representation was also refused given the circumstances and fairness considerations.

Court Disposition

Application for leave to represent Mrs LDI refused. Application to review enduring power of attorney dismissed.

Orders

  • Leave for Mr UCC to represent Mrs LDI refused.
  • Application to review enduring power of attorney made on 4 June 2007 dismissed.