SLG

[2017] NSWCATGD 41

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

SLG [2017] NSWCATGD 41

Hearing dates:

4 December 2017

Date of orders:

04 December 2017

Decision date:

04 December 2017

Jurisdiction:

Guardianship Division

Before:

A Britton, Principal Member
S Flanagan, Senior Member (Professional)
J L Newman, General Member (Community)

Decision:

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

 

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

 

3. The following specified part of the estate is excluded from this financial management order:

 Any pension, benefit or allowance paid by Centrelink to Mr SLG.

Catchwords:

FINANCIAL MANAGEMENT – application for financial management – existence of enduring power of attorney – whether undue conflict – capacity – need for an order – best interests – NSW Trustee and Guardian appointed

Legislation Cited:

Guardianship Act 1987 (NSW), ss 4, 25E(2), 25G, 25G(a)
Powers of Attorney Act 2003 (NSW), ss 50(3), 50(4)

Cases Cited:

P v NSW Trustee and Guardian [2015] NSWSC 579
Re Application for partial management orders [2014] NSWSC 1468

Category:

Principal judgment

Parties:

001: Financial Management

  Mr SLG (the person)
Ms LBG (applicant)
Mr CZC (attorney and carer)
The NSW Trustee and Guardian

Representation:

Nil

File Number(s):

2017/00316155

Publication restriction:

Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

REASONS FOR DECISION

1. Until a few weeks ago, 88-year-old Mr SLG was living independently in his own home in Southwest Sydney. He is now living with Mr CZC in Inner West Sydney. Mr CZC and Mr SLG have known each other for 20 years. Mr SLG describes Mr CZC as his carer and friend.

2. After learning that Mr SLG had sold his home, a member of Mr SLG’s family, Ms LBG, made an application to the Guardianship Division of the New South Wales Civil and Administrative Tribunal (NCAT) seeking a financial management order in respect of Mr SLG (the Application). Ms LBG wrote that former neighbours and members of Mr SLG’s family became alarmed when they learned that the Southwest Sydney property was to be sold and were concerned about the security of Mr SLG’s future accommodation. In addition she wrote that the family suspected that Mr SLG was subject to “undue influence” in making the decision to sell the house.

3. For the reasons that follow we have decided to make a financial management order in respect of Mr SLG and to commit the management of his estate to the NSW Trustee and Guardian.

Mr SLG appoints Mr CZC as attorney

4. On 16 August 2017, Mr SLG executed an enduring power of attorney appointing Mr CZC as his attorney.

5. The power of attorney was prepared by solicitor Milford Nyman. Mr Nyman appeared in these proceedings as amicus. Mr SLG was accompanied…