ICW

The parties involved in this case were Mrs ICW, her son, and two attorneys appointed under enduring powers of attorney. The dispute centred around the validity and operation of these powers of attorney, and the son sought to review the decisions of the Tribunal regarding the revocation and operation of these documents. The case was heard in the NSW Civil and Administrative Tribunal. The primary legal issues before the court were whether Mrs ICW had the mental capacity to make and revoke the enduring powers of attorney, and whether the son had standing to bring the application for review.

The court considered the conflicting medical evidence presented in the case, with some reports indicating that Mrs ICW had the capacity to execute the enduring power of attorney, while others suggested that she lacked the requisite mental capacity. The court ultimately preferred the evidence of the son's medical expert, who concluded that Mrs ICW did not have the capacity to make or revoke the enduring powers of attorney. The court found that the son had standing to bring the application for review, as he had a genuine concern for his mother's welfare, satisfying the requirements of section 35(1) of the Powers of Attorney Act 2003 (NSW). As a result, the court determined that Mrs ICW did not have the mental capacity to make or revoke the enduring powers of attorney, and the documents were invalid.

The Tribunal ordered a review of the making, revocation, and operation of the enduring power of attorney, and ultimately revoked the document in its entirety. The court also dismissed an application to revoke a financial management order, and adjourned the hearing of the application to review the financial management order to a later date. Finally, the court directed the NSW Trustee and Guardian and the son to provide reports on any actions taken regarding the estate of the late Ms HPW.