YCS v YCW [2023] NSWCATAP 183

YCS v YCW [2023] NSWCATAP 183

The Tribunal's findings relating to the Son's inability to separate his own interests from those of the Subject Person, and the likelihood of his animosity towards the Daughter affecting his judgment, were reasonably open on the available material, and thus do not constitute errors of law or irrationality. The Tribunal took adequate steps to elicit and consider the Subject Person's views, and provided reasons meeting statutory requirements. The decision to revoke the enduring power of attorney and appoint independent guardians and financial managers was supported by evidence and statutory discretion. Leave to appeal was refused as the grounds did not meet the threshold and there was no...

Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Guardianship and Financial Management Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused, appeal dismissed
Legal Topics
['revocation of Enduring Power of Attorney' 'appointment of Guardian' 'adequacy of Written Reasons' 'conflict of Interest' 'family Relationships in Guardianship' 'capacity' 'leave to Appeal' 'financial Management Orders']
['guardianship' 'elder Law' 'tribunal Procedure'] ['revocation of Enduring Power of Attorney' 'appointment of Guardian' 'adequacy of Written Reasons' 'conflict of Interest' 'family Relationships in Guardianship' 'capacity' 'leave to Appeal' 'financial Management Orders']

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Procedural Posture

Guardianship and Financial Management Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether Tribunal made findings of fact based on no evidence or irrationally' 'Whether Tribunal failed to have regard to the views of the subject person' 'Whether Tribunal gave adequate written reasons for revoking enduring power of attorney' 'Whether recommendations of treating geriatrician were properly relied upon' 'Whether Tribunal should have granted leave to appeal']

Ratio Decidendi

The Tribunal's findings relating to the Son's inability to separate his own interests from those of the Subject Person, and the likelihood of his animosity towards the Daughter affecting his judgment, were reasonably open on the available material, and thus do not constitute errors of law or irrationality. The Tribunal took adequate steps to elicit and consider the Subject Person's views, and provided reasons meeting statutory requirements. The decision to revoke the enduring power of attorney and appoint independent guardians and financial managers was supported by evidence and statutory discretion. Leave to appeal was refused as the grounds did not meet the threshold and there was no...

Court Disposition

Leave to appeal refused, appeal dismissed

Orders

  • ['Leave to appeal is refused.' 'Appeal dismissed.']