Sandra (a pseudonym) - [2025] NSWCATGD 13

NSW Civil and Administrative Tribunal

New South Wales

Case Name:	Sandra (a pseudonym)
Medium Neutral Citation:	[2025] NSWCATGD 13
Hearing Date(s):	24 July 2025
Date of Orders:	24 July 2025
Decision Date:	24 July 2025
Jurisdiction:	Guardianship Division
Before:	A Britton, Deputy President Dr K Eggleton, Senior Member (Professional) S Bullock, General Member (Community)
Decision:	In relation to the enduring guardian appointment made by Sandra on 30 March 2023 appointing Victor and Liza the tribunal orders, directs or declares: The appointment of Victor and Liza as an enduring guardian is confirmed. In relation to the enduring power of attorney made by Sandra on 30 March 2023 which appointed Victor and Liza as attorneys, the Tribunal determines, orders or declares: to carry out a review of the making or revocation or operation and effect of the enduring power of attorney. Not to make an order under s 36 of the Powers of Attorney Act 2003 (NSW). The application for review of the enduring power of attorney is treated as an application for a financial management order under Part 3A of the Guardianship Act 1987 (NSW). 1. The estate of Sandra is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of Sandra is committed to the NSW Trustee and Guardian.
Catchwords:	GUARDIANSHIP – requested review of enduring guardianship appointment – subject person with early onset Alzheimer’s disease – powers available to Tribunal upon review – insufficient evidence to revoke appointment of the guardians and/or to vary the appointment – principal’s welfare and interests not adversely affected – enduring guardianship appointment confirmed. FINANCIAL MANAGEMENT – requested review of enduring power of attorney – allegations of financial abuse by attorney – intermixing of principal’s money – obligations owed by attorney to the principal – Tribunal decided to exercise discretion to review the enduring power of attorney –not in principal’s best interests to make an order under s 36(4) of the Powers of Attorney Act – application treated as application for a financial management order – order made committing principal’s estate to the NSW Trustee and Guardian.
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW), Sch 6, cl 5 Guardianship Act 1987 (NSW), ss 4, 6K(1)(a)-(b), 6K(2), 6K(3)(a), Pt 3A Powers of Attorney Act 2003 (NSW), ss 11, 12, 33(1)-(2), 35, 36, 36(1)-(2), 36(4), 37
Cases Cited:	Bale v Kimberley Developments Pty Ltd [2022] NSWSC 820 Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2023] NSWCA 259 P v NSW Trustee and Guardian [2015] NSWSC 579 Reilly v Reilly [2017] NSWSC 1419 Susan Elizabeth Parker v Margaret Catherine Higgins [2012] NSWSC 1516 Turner v O’Bryan-Turner [2021] NSWSC 5
Texts Cited:	None cited.
Category:	Principal judgment
Parties:	001: Review of an Enduring Power of Attorney Sandra (the person) Victor (applicant, attorney) Liza (attorney) NSW Trustee and Guardian 002: Review of an Enduring Guardianship Appointment Sandra (the person) Victor (applicant, enduring guardian) Liza (enduring guardian) Public Guardian NSW Trustee and Guardian
Representation:	Nil.
File Number(s):

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sandra (a pseudonym)

Details

AGLC: Sandra (a pseudonym) [2025] NSWCATGD 13
Case: [2025] NSWCATGD 13
Decision Date: 24 July 2025

CaseChat Overview and Summary

In this case, the Court considered a review of the enduring guardianship and enduring power of attorney appointments made by Sandra on 30 March 2023. Sandra, who has early onset Alzheimer’s disease, appointed Victor and Liza as her enduring guardians and attorneys. The review was prompted by concerns about the management of Sandra's financial affairs and the effectiveness of the guardianship arrangement. The Court was tasked with determining whether the appointments should be revoked or varied and whether the enduring power of attorney should be reviewed and potentially replaced with a financial management order.

The primary legal issues were whether there was sufficient evidence to revoke or vary the enduring guardianship appointment, and whether the enduring power of attorney should be reviewed due to allegations of financial abuse by the attorneys. The Court also had to consider whether it was in the principal’s best interests to make an order under section 36(4) of the Powers of Attorney Act 2003 (NSW) and if the application for review should be treated as an application for a financial management order under Part 3A of the Guardianship Act 1987 (NSW). The Court needed to balance the protection of Sandra's welfare and interests against the potential disruption caused by changing her appointed guardians and attorneys.

The Court found that there was insufficient evidence to revoke or vary the enduring guardianship appointment. It was determined that Sandra’s welfare and interests were not adversely affected by the current arrangement, and thus, the appointment of Victor and Liza as enduring guardians was confirmed. Regarding the enduring power of attorney, the Court decided to exercise its discretion to review the appointment due to the allegations of financial abuse. However, it concluded that making an order under section 36 of the Powers of Attorney Act was not in Sandra's best interests. Consequently, the Court treated the application for review as an application for a financial management order. The estate of Sandra was committed to the management of the NSW Trustee and Guardian under the NSW Trustee and Guardian Act 2009 (NSW).

In summary, the Court confirmed the enduring guardianship appointment of Victor and Liza while committing Sandra's estate to the management of the NSW Trustee and Guardian due to the allegations of financial mismanagement by the attorneys.

Orders

Orders of the court

In relation to the enduring guardian appointment made by Sandra on 30 March 2023 appointing Victor and Liza the tribunal orders, directs or declares:

The appointment of Victor and Liza as an enduring guardian is confirmed.

In relation to the enduring power of attorney made by Sandra on 30 March 2023 which appointed Victor and Liza as attorneys, the Tribunal determines, orders or declares:

to carry out a review of the making or revocation or operation and effect of the enduring power of attorney.

Not to make an order under s 36 of the Powers of Attorney Act 2003 (NSW). The application for review of the enduring power of attorney is treated as an application for a financial management order under Part 3A of the Guardianship Act 1987 (NSW).

1. The estate of Sandra is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. The management of the estate of Sandra is committed to the NSW Trustee and Guardian.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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