TLT [2015] NSWCATGD 48

TLT [2015] NSWCATGD 48

Given the enduring documents appointing all three sons were unworkable due to non-acceptance by appointees and ongoing dispute, Mrs TLT's significant cognitive impairment and her vulnerability, the Tribunal found it was in Mrs TLT's best interests to revoke the enduring guardianship appointment, appoint the Public Guardian for 12 months, and commit her estate to the management of the NSW Trustee and Guardian.

Parties
Appointor/subject Person/principal: Mrs TLT; Applicant: Mr MIT; Applicant: Mr KTT; Appointed Enduring Guardian/attorney: Mr EIT; Joined Party: Mr DTN; Appointed Guardian: NSW Public Guardian; Appointed Financial Manager: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Guardianship/financial Management/representation Review / Final Decision
Outcome
Enduring guardianship appointment revoked; no review of enduring power of attorney; Public Guardian appointed as guardian for 12 months; NSW Trustee and Guardian appointed as manager of estate; leave for legal representation refused; other applications dismissed.
Legal Topics
Enduring Guardianship Appointment Review, Appointment of Guardian, Appointment of Financial Manager, Revocation of Appointment, Capacity Assessment, Legal Representation in Tribunal
Guardianship Powers of Attorney Financial Management Enduring Guardianship Appointment Review Appointment of Guardian Appointment of Financial Manager Revocation of Appointment Capacity Assessment +1 more

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Parties

Mrs TLT

Appointor/subject Person/principal

Mr MIT

Applicant

Mr KTT

Applicant

Mr EIT

Appointed Enduring Guardian/attorney

Mr DTN

Joined Party

NSW Public Guardian

Appointed Guardian

NSW Trustee and Guardian

Appointed Financial Manager

Procedural Posture

Guardianship/financial Management/representation Review / Final Decision

Legal Issues

  1. 1 Whether the enduring guardianship instrument should be revoked
  2. 2 Whether a guardian should be appointed for Mrs TLT
  3. 3 Whether to review the enduring power of attorney

Ratio Decidendi

Given the enduring documents appointing all three sons were unworkable due to non-acceptance by appointees and ongoing dispute, Mrs TLT's significant cognitive impairment and her vulnerability, the Tribunal found it was in Mrs TLT's best interests to revoke the enduring guardianship appointment, appoint the Public Guardian for 12 months, and commit her estate to the management of the NSW Trustee and Guardian.

Court Disposition

Enduring guardianship appointment revoked; no review of enduring power of attorney; Public Guardian appointed as guardian for 12 months; NSW Trustee and Guardian appointed as manager of estate; leave for legal representation refused; other applications dismissed.

Orders

  • Leave refused for Mr EIT, Mr KTT, and Mr MIT to be represented by solicitors.
  • Not to carry out a review of the making of the enduring power of attorney; application dismissed.