SZQ [2018] NSWCATGD 50

SZQ [2018] NSWCATGD 50

The Tribunal found that a significant portion of SZQ's estate was transferred by WYE and TAQ under the power of attorney beyond what was reasonable and permitted, SZQ is incapable of managing her affairs, and neither WYE nor TAQ is suitable to be financial manager. Therefore, it was appropriate to treat the application as one for a financial management order and commit the management of SZQ's estate to the NSW Trustee and Guardian.

Parties
The Person: SZQ; Applicant: TAQ; Attorney: WYE; Joined Party: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
13 March 2018
Procedural Posture
Review of an Enduring Power of Attorney / Principal Judgment
Outcome
Application for review of enduring power of attorney treated as an application for a financial management order; management of the estate of SZQ is committed to the NSW Trustee and Guardian.
Legal Topics
Review of Enduring Power of Attorney, Financial Management Orders, Appointment of Financial Manager, Mismanagement of Funds, Best Interests of Protected Person
Guardianship Law Powers of Attorney Elder Law Review of Enduring Power of Attorney Financial Management Orders Appointment of Financial Manager Mismanagement of Funds Best Interests of Protected Person

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Parties

SZQ

The Person

TAQ

Applicant

WYE

Attorney

NSW Trustee and Guardian

Joined Party

Procedural Posture

Review of an Enduring Power of Attorney / Principal Judgment

Legal Issues

  1. 1 Whether the enduring power of attorney executed by SZQ has been misused or operated beyond its powers
  2. 2 Whether an order should be made under s 36 of the Powers of Attorney Act 2003 (NSW)
  3. 3 Whether SZQ is incapable of managing her affairs

Ratio Decidendi

The Tribunal found that a significant portion of SZQ's estate was transferred by WYE and TAQ under the power of attorney beyond what was reasonable and permitted, SZQ is incapable of managing her affairs, and neither WYE nor TAQ is suitable to be financial manager. Therefore, it was appropriate to treat the application as one for a financial management order and commit the management of SZQ's estate to the NSW Trustee and Guardian.

Court Disposition

Application for review of enduring power of attorney treated as an application for a financial management order; management of the estate of SZQ is committed to the NSW Trustee and Guardian.

Orders

  • The Tribunal undertakes a review of the operation and effect of the enduring power of attorney made by SZQ on 20 February 2012.
  • No order made under s 36 of the Powers of Attorney Act 2003 (NSW).