SNC (No 2) [2014] NSWCATGD 21

SNC (No 2) [2014] NSWCATGD 21

Mr KBK's guardianship review request did not disclose new evidence or new issues warranting review, and his additional access concerns were premature. Although Mrs SNC had established dementia when she signed the 2013 documents, the medical evidence did not allow a clear retrospective finding of incapacity. The Tribunal was not satisfied that Mr NBC had acted inappropriately in managing finances and accepted that Mrs SNC had long relied on him to do so. Mr KBK had acted without authority by using the 2013 power of attorney to obtain bank records and withdraw $1000 for his own use, and his conflictual relationship with Mr NBC meant his continued position as alternative attorney was...

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Guardianship Division Proceedings Concerning Review of Guardianship Order and Review of Enduring Powers of Attorney / Hearing on Request to Review Guardianship Order and Power of Attorney Reviews
Outcome
Refusal to review guardianship order; no order made in relation to the revocation of the 2011 power of attorney; Mr KBK removed as attorney under the 2013 power of attorney.
Legal Topics
['review of Guardianship Order' 'enduring Power of Attorney' 'capacity to Make Enduring Documents' 'removal of Attorney' 'procedural Fairness' 'non Disclosure of Evidence' 'adjournment Request']
['guardianship' 'powers of Attorney' 'administrative Law'] ['review of Guardianship Order' 'enduring Power of Attorney' 'capacity to Make Enduring Documents' 'removal of Attorney' 'procedural Fairness' 'non Disclosure of Evidence' 'adjournment Request']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship Division Proceedings Concerning Review of Guardianship Order and Review of Enduring Powers of Attorney / Hearing on Request to Review Guardianship Order and Power of Attorney Reviews

Legal Issues

  1. 1 ["Whether Mr KBK's request disclosed grounds warranting a review of the guardianship order under s 25A of the Guardianship Act 1987 (NSW)." 'Whether Mrs SNC had capacity in June 2013 to make an enduring power of attorney and revoke the 2011 power of attorney.' 'Whether Mr KBK should be removed as alternative attorney under the 2013 enduring power of attorney.' 'Whether financial evidence from Mr NBC should be withheld from Mr KBK under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether an adjournment should be granted for Mr KBK to obtain further evidence about an allegation of misappropriation.']

Ratio Decidendi

Mr KBK's guardianship review request did not disclose new evidence or new issues warranting review, and his additional access concerns were premature. Although Mrs SNC had established dementia when she signed the 2013 documents, the medical evidence did not allow a clear retrospective finding of incapacity. The Tribunal was not satisfied that Mr NBC had acted inappropriately in managing finances and accepted that Mrs SNC had long relied on him to do so. Mr KBK had acted without authority by using the 2013 power of attorney to obtain bank records and withdraw $1000 for his own use, and his conflictual relationship with Mr NBC meant his continued position as alternative attorney was...

Court Disposition

Refusal to review guardianship order; no order made in relation to the revocation of the 2011 power of attorney; Mr KBK removed as attorney under the 2013 power of attorney.

Orders

  • ["The Tribunal refused Mr KBK's request that it conduct a review of the guardianship order in relation to Mrs SNC." 'The Tribunal reviewed the power of attorney made by Mrs SNC on 13 June 2013 and her revocation of the same date of a power of attorney she had made in 2011.' 'The Tribunal made no order in relation to...