YDL v YDO [2023] NSWCATAP 291

YDL v YDO [2023] NSWCATAP 291

The Appeal Panel dismissed the appeals because the Appellants did not demonstrate error on a question of law. The Tribunal was entitled to consider YDM's earlier choice not to appoint the Appellants under the EPOA, her impaired decision-making capacity and limited understanding of her finances, the absence of criticism of YDO, and the Appellants' limited financial experience. Its decision to appoint the Appellants as joint financial managers subject to NSW Trustee and Guardian oversight was an evaluative determination reasonably open on the material, and the Appellants' procedural complaints were not established, particularly in the absence of a transcript.

Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Appeal From Guardianship Division Orders Concerning Guardianship, Review of an Enduring Power of Attorney and Financial Management / Appeal Panel Decision; YDN Joined as an Appellant and Appeals Dismissed
Outcome
Appeals dismissed.
Legal Topics
['appeal on a Question of Law' 'procedural Fairness' 'review of Enduring Power of Attorney' 'financial Management Order' 'nsw Trustee and Guardian Oversight']
['administrative Law' 'guardianship' 'powers of Attorney' 'financial Management'] ['appeal on a Question of Law' 'procedural Fairness' 'review of Enduring Power of Attorney' 'financial Management Order' 'nsw Trustee and Guardian Oversight']

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Procedural Posture

Appeal From Guardianship Division Orders Concerning Guardianship, Review of an Enduring Power of Attorney and Financial Management / Appeal Panel Decision; YDN Joined as an Appellant and Appeals Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal erred in its consideration of s 36 of the Powers of Attorney Act 2003 (NSW).' 'Whether the Tribunal erred in treating the application for review of the Enduring Power of Attorney as an application for a financial management order.' 'Whether the Tribunal erred in appointing YDL and YDN as joint financial managers subject to the authorities and directions of the NSW Trustee and Guardian.' 'Whether the Appellants established procedural unfairness, bias, deficient evidence, absence of due diligence or other error on a question of law.']

Ratio Decidendi

The Appeal Panel dismissed the appeals because the Appellants did not demonstrate error on a question of law. The Tribunal was entitled to consider YDM's earlier choice not to appoint the Appellants under the EPOA, her impaired decision-making capacity and limited understanding of her finances, the absence of criticism of YDO, and the Appellants' limited financial experience. Its decision to appoint the Appellants as joint financial managers subject to NSW Trustee and Guardian oversight was an evaluative determination reasonably open on the material, and the Appellants' procedural complaints were not established, particularly in the absence of a transcript.

Court Disposition

Appeals dismissed.

Orders

  • ['YDN is joined as an Appellant in the proceedings.' 'The appeals of YDL and YDN are dismissed.']