BZD [2021] NSWCATGD 28

BZD [2021] NSWCATGD 28

The Tribunal found that WAD had mismanaged BZD's finances under the enduring power of attorney and acted in conflict with BZD's best interests as enduring guardian, resulting in significant financial loss and isolation from family. The enduring power of attorney and the enduring guardianship appointment made on 20 December 2019 were revoked. Guardianship and financial management orders were made to protect BZD's welfare and estate, with private guardians NBT and FYN appointed for guardianship, and the NSW Trustee and Guardian appointed for financial management.

Parties
The Person: BZD; Applicant: NBT; Carer/attorney/enduring Guardian: WAD; Joined Party: FYN; Statutory Office: Public Guardian; Statutory Office: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Review and Appointment Applications / Final Decision
Outcome
Enduring power of attorney and enduring guardianship appointment of WAD revoked; Guardianship and financial management orders made for BZD.
Legal Topics
Review of Enduring Power of Attorney, Review of Enduring Guardianship, Guardianship Order, Financial Management Order
Guardianship Law Elder Law Review of Enduring Power of Attorney Review of Enduring Guardianship Guardianship Order Financial Management Order

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Parties

BZD

The Person

NBT

Applicant

WAD

Carer/attorney/enduring Guardian

FYN

Joined Party

Public Guardian

Statutory Office

NSW Trustee and Guardian

Statutory Office

Procedural Posture

Review and Appointment Applications / Final Decision

Legal Issues

  1. 1 Whether the enduring power of attorney made by BZD on 20 December 2019 should be revoked for mismanagement/undue advantage
  2. 2 Whether the appointment of WAD as enduring guardian should be revoked due to not acting in best interests
  3. 3 Whether guardianship and financial management orders should be made for BZD

Ratio Decidendi

The Tribunal found that WAD had mismanaged BZD's finances under the enduring power of attorney and acted in conflict with BZD's best interests as enduring guardian, resulting in significant financial loss and isolation from family. The enduring power of attorney and the enduring guardianship appointment made on 20 December 2019 were revoked. Guardianship and financial management orders were made to protect BZD's welfare and estate, with private guardians NBT and FYN appointed for guardianship, and the NSW Trustee and Guardian appointed for financial management.

Court Disposition

Enduring power of attorney and enduring guardianship appointment of WAD revoked; Guardianship and financial management orders made for BZD.

Orders

  • The appointment of WAD as enduring power of attorney is revoked.
  • The appointment of WAD as enduring guardian is revoked.