UNF [2016] NSWCATGD 41

UNF [2016] NSWCATGD 41

The Tribunal declined to review the making of the Reviewable Power of Attorney because there was no issue about its making and no indication that such a review was justified or in Mr UNF's interests. It reviewed the operation and effect because that was in issue and doing so served Mr UNF's interests. Having found that Mrs ZAG maintained contact and support for Mr UNF, that there was no evidence she could not fulfil an attorney's obligations, that her appointment would not prejudice Mr UNF's welfare or interests, and that Mr CVE better understood his obligations, the Tribunal concluded that adding Mrs ZAG as joint attorney was appropriate and in Mr UNF's best interests. The Tribunal used...

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Application to Review an Enduring Power of Attorney in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Hearing After Adjournment Part Heard; Orders Made on 17 November 2016
Outcome
The Tribunal declined to review the making of the enduring power of attorney, conducted a review of its operation and effect, and varied it to appoint Mr CVE and Mrs ZAG jointly as attorneys.
Legal Topics
['review of Enduring Power of Attorney' 'standing as an Interested Person' 'review of Operation and Effect of Power of Attorney' 'variation of Power of Attorney to Add a Joint Attorney' 'best Interests and Wishes of the Principal' 'use of S 36(4)(g) of the Powers of Attorney Act 2003 (nsw)']
['guardianship' 'powers of Attorney'] ['review of Enduring Power of Attorney' 'standing as an Interested Person' 'review of Operation and Effect of Power of Attorney' 'variation of Power of Attorney to Add a Joint Attorney' 'best Interests and Wishes of the Principal' 'use of S 36(4)(g) of the Powers of Attorney Act 2003 (nsw)']

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Procedural Posture

Application to Review an Enduring Power of Attorney in the Guardianship Division of the NSW Civil and Administrative Tribunal / Final Hearing After Adjournment Part Heard; Orders Made on 17 November 2016

Legal Issues

  1. 1 ['Whether Mrs UMD had standing as an interested person under s 35(1) of the Powers of Attorney Act 2003 (NSW).' 'Whether the Tribunal should conduct a review of the making of the Reviewable Power of Attorney, its operation and effect, or both.' 'Whether orders should be made under s 36(4) of the Powers of Attorney Act 2003 (NSW) in relation to the operation and effect of the Reviewable Power of Attorney.' 'Whether the Tribunal could vary the Reviewable Power of Attorney under s 36(4)(g) by adding Mrs ZAG as an attorney to act jointly with Mr CVE.']

Ratio Decidendi

The Tribunal declined to review the making of the Reviewable Power of Attorney because there was no issue about its making and no indication that such a review was justified or in Mr UNF's interests. It reviewed the operation and effect because that was in issue and doing so served Mr UNF's interests. Having found that Mrs ZAG maintained contact and support for Mr UNF, that there was no evidence she could not fulfil an attorney's obligations, that her appointment would not prejudice Mr UNF's welfare or interests, and that Mr CVE better understood his obligations, the Tribunal concluded that adding Mrs ZAG as joint attorney was appropriate and in Mr UNF's best interests. The Tribunal used...

Court Disposition

The Tribunal declined to review the making of the enduring power of attorney, conducted a review of its operation and effect, and varied it to appoint Mr CVE and Mrs ZAG jointly as attorneys.

Orders

  • ['Not to carry out a review of the making of the enduring power of attorney made by Mr UNF on 20 March 2008 which appointed Mr CVE as attorney.' 'To conduct a review of the making of the Reviewable Power of Attorney.' 'That under s 36(4) of the Powers of Attorney Act 2003 the Reviewable Power of Attorney is varied...