HM

[2016] WASAT 121

HM [2016] WASAT 121

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2016] WASAT 121
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:2469/2016	Heard:	12 SEPTEMBER 2016
Coram:	MR J MANSVELD (SENIOR MEMBER)	Delivered:	6/10/16
No of pages:	13	Judgment Part:	1 of 1
Result:	Attorney ordered to produce records and accounts Hearing otherwise adjourned to deal with a further matter
Category:	B
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Parties:	HM
Catchwords:	Enduring power of attorney Agency Enduring power of attorney to continue in force notwithstanding donor's subsequent legal incapacity Donor has full legal capacity Application by capable donor for attorney to produce records Obligation of attorney to preserve records and accounts Duty of attorney to account for monies received Were monies received by the attorney a gift by the donor Attorney ordered to produce records and accounts
Legislation:	Guardianship and Administration Act 1990 (WA), s 109(1)(a), s 109(1)(c), s 107, s 107(1)(a), s 107(1)(b) State Administrative Tribunal Act 2004 (WA), s 54
Case References:	KS [2008] WASAT 29
Summary	HM, an 80­year­old woman, made an enduring power of attorney in February 2015 appointing her daughter as her attorney. At the same time she made another enduring power of attorney appointing her granddaughter as her attorney.,In May 2016, HM revoked the enduring power of attorney appointing the daughter.,HM made an application to the Tribunal under the Guardianship and Administration Act 1990 (WA) for revocation of the enduring power of attorney appointing the granddaughter as attorney.,She subsequently was granted leave to withdraw the application given she had legal capacity and intended to revoke the enduring power of attorney in her own right. ,HM also made an application seeking an order requiring her daughter to produce the records and accounts concerning particular transactions allegedly made by the daughter as HM's attorney.,After the enduring power of attorney was made, HM had made two payments to the daughter, the first for $130,000 and the second, at a later time, for $242,334.38.,The daughter said that the $130,000 was a gift from HM and that when she disbursed the $242,334.38 she was acting under the instructions of HM.,The daughter contended that she did not act as HM's attorney under the enduring power of attorney when she disbursed the $242,334.28. She was of the view that the enduring power of attorney could only be used in the event that HM lost her legal capacity.,The Tribunal found that the daughter had acted as HM's agent when disbursing the $242,334.38 and that the agency came into existence when the enduring power of attorney was made by HM in February 2015 and accepted by the daughter.,It was not correct for the daughter to contend that the enduring power of attorney could only be used if HM no longer had legal capacity. On its face, the enduring power of attorney came into operation on 17 February 2015.,The daughter was ordered to produce the records evidencing the disbursement of the $242,334.38.,The character of the $130,000 paid by HM to the daughter was in dispute.,At the Tribunal…