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1. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   Enduring Power of Attorney (EPA) In relation to property Protection of Personal and Property Rights Act 1988 Notes to enduring power of attorney Please read these notes BEFORE completing the form. In these notes, “attorney” includes each attorney (if you have appointed more than 1) and a successor attorney whose appointment has come into effect. (See the glossary of terms at the end of these notes for the meaning of attorney and other terms set out in bold italics.) Setting up your EPA...

2. LCRO 36/2021 ED v MR and FR (14 April 2022) [pdf, 242 KB]

   ...lost the ability to speak. At the heart of matters raised in this review is the degree to which Mrs DM’s mental capacity was affected. 2 [4] In June 2016, Ms SA, Mrs DM’s oldest daughter, instructed Mr MR to prepare enduring Powers of Attorney for her mother, in which she was appointed her mother’s attorney. Mr MR had not previously acted for, or met, Mrs DM. [5] Arrangements were made for Mr MR to visit Mrs DM in hospital on 29 June 2016, where SA was to meet Mr M...

3. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...decision by the [Area] Standards Committee [X] (the Committee) to take no further action in respect of her complaint concerning the conduct of Mr SD, a lawyer practising as SD Law, Hamilton. [2] Her complaint is in respect of Mr SD having prepared enduring powers of attorney (EPA) for her mother, Mrs LM: (a) in October 2016, as to personal care and welfare appointing Mrs PY’s younger sister, Ms JM (Ms J) as attorney, and her elder sister Ms WM (Ms W) as successor attorney (2016...

4. Standard explanation of effects and implications of EPA in relation to personal care and welfare [pdf, 131 KB]

   1 Standard explanation of effects and implications of enduring power of attorney in relation to personal care and welfare Protection of Personal and Property Rights Act 1988 About this document: This document is intended for a witness to an enduring power of attorney (EPA) in relation to personal care and welfare to use with a person who is considering creating such an EPA. It has 3 parts, entitled as follows: • Standard explanation of effects and implications of EPA...

5. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...explains why we took that course. No case to answer [6] As a result of some initial exchanges between members of the Tribunal and Mr Collins, during his opening, it became clear that the most serious particulars involving alleged misuse of an enduring power of attorney and overcharging were not sufficiently specific. That issue had been raised in Mr Pyke’s written opening. When called upon to open orally, Mr Pyke indicated that he wished to make an application that there was...

6. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   1 Standard explanation of effects and implications of an enduring power of attorney in relation to property Protection of Personal and Property Rights Act 1988 About this document: This document is intended for a witness to an enduring power of attorney (EPA) in relation to property to use with a person who is considering creating such an EPA. It has 3 parts, entitled as follows:  Standard explanation of effects and implications of EPA  Instructions for authori...

7. LCRO 173/2022 JV v QR (6 May 2024) [pdf, 183 KB]

   ...consequences of decisions about health needs or to foresee the consequences of any failure to make such decisions”. [9] In July 2019, MV suffered from double pneumonia. After this event, AH moved MV into a retirement home in the exercise of her powers as enduring attorney. (AH is not a party to the complaint, so there is no evidence from her.) The applicant states that it was not MV’s choice to enter a retirement home and that he subsequently suffered from severe depression for...

8. Doran v The Real Estate Agents Authority (CAC 413) and Fleming [2018] NZREADT 42 [pdf, 272 KB]

   ...sale agreement as “Attorney for L J Doran”). [7] Mrs Penney is the daughter of Mr and Mrs Doran Snr, and is David Doran’s sister. She was employed by the Agency as Administration Manager. At the time she signed the ASP Mrs Penney held an Enduring Power of Attorney dated 24 December 2006 (“the EPA”), in which Mr Doran Snr gave her “general authority to act on my behalf”… “in relation to the whole of my property”. He specified that the authority given by the E...

9. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...Standards Committee [X] to take no further action on her complaint concerning the conduct of the respondent, Ms SL. [2] The complaint related to whether or not Ms SL acted competently and with reasonable care in having Mrs CH’s husband, TD, execute enduring powers of attorney. There was contention as to whether at the time he was mentally competent to do so. Background Preliminary [3] Several of the individuals to whom it is necessary to refer share the CH family name, so t...

10. JE v FQ LCRO 213/2012 (17 June 2015) [pdf, 85 KB]

    ...decision to change his attorney. [62] The medical certificate obtained does not provide the degree of comfort and assurance necessary. [63] Further enquiries should have been made. A Power of Attorney document is a reasonably complex document. The powers given under an attorney are considerable. Mr SP was required to consider issues such as who would be provided with information regarding his affairs, and who would carry out an assessment of his medical condition and be given au...