The Public Guardian and Trustee (PGT) applied to be appointed as the permanent guardian of property for Fumio Hara, a 91-year-old suffering from dementia, and to terminate the existing power of attorney naming his brothers, Gerald and Katsushi Hara.
The court found compelling evidence that Gerald had misappropriated and mismanaged Fumio’s property, and that no other family member was willing or able to act as guardian.
The court appointed the PGT as permanent guardian, despite Fumio’s prior wishes, and awarded substantial indemnity costs against Gerald.