Re JCN; Ex Parte JGN

[2011] WASAT 189

RE JCN ; EX PARTE JGN [2011] WASAT 189

Last Update:  20/12/2011

RE JCN ; EX PARTE JGN [2011] WASAT 189
Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2011] WASAT 189
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:1361/2011	Heard:	9 AUGUST 2011
Coram:	MS F CHILD (MEMBER)	Delivered:	09/11/2011
No of Pages:	10	Judgment Part:	1 of 1
Result:	Power of attorney recognised
Category:	B
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	JGN JCN
Catchwords:	Guardianship and administration ­ Enduring power of attorney ­ Recognition of enduring power of attorney created in another jurisdiction ­ Whether the power of attorney corresponds sufficiently in form and effect to a power created under the Western Australian legislation ­ Number of donees ­ Form and effect
Legislation:	Instruments Act 1958 (Vic), s 114, s 119, s 125N, s 125P, Pt XIA Guardianship and Administration Act 1990 (WA), s 102, s 104, s 104A, s 104A(2), s 104A(2)(a), s 104(2)(a), Sch 3 State Administrative Tribunal Act 2004 (WA), s 77
Case References:	CS and JS [2005] WASAT 285 Ricetti and Registrar of Titles [2000] WASC 98
Summary:	The applicant sought an order for recognition in Western Australia of a power of attorney executed in Victoria pursuant to the Instruments Act 1958 (Vic) to enable property of the donor located in Western Australia to be sold. The Victorian power of attorney nominated three attorneys. As the Supreme Court of Western Australia, in the decision Ricetti and Registrar of Titles [2000] WASC 98 had determined that an enduring power of attorney made in Western Australia could nominate two attorneys but no more, there was a question as to whether the Tribunal could recognise the Victorian power as an enduring power of attorney pursuant to the Western Australian Guardianship and Administration Act 1990 (WA). Although the enduring power of attorney executed in Victoria had nominated three donees, the Tribunal found that it could recognise it as an enduring power of attorney in Western Australia. At the time the application for recognition was heard and the order subsequently made, there were only two attorneys appointed by the Victorian power of attorney. One of the donees (the spouse of the donor) had died, and by operation of s 125P of the Instruments Act 1958 (Vic), his appointment as an attorney was revoked on his death. In these circumstances, the Tribunal found that the Victorian power of attorney corresponded sufficiently to an enduring power of attorney created in Western Australia, and it was appropriate to recognise it for the purpose of the sale of the donor's property located in Western Australia.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL

STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : RE JCN ; EX PARTE JGN [2011] WASAT 189 MEMBER : MS F CHILD (MEMBER) HEARD : 9 AUGUST 2011 DELIVERED : 9 NOVEMBER 2011 FILE NO/S : GAA 1361 of 2011 EX PARTE

JGN
Applicant

AND

JCN
Donor

Catchwords:

Guardianship and administration ­ Enduring…