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1. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

   ...himself, resulting in a conflict of interests. [10] He says that he did not see a copy of the Memorandum of Mortgage or given the chance to read it prior to registration. [11] EL felt ‘vulnerable and concerned’ that he has ‘signed an enduring POA to a bank to have full control over [his] financial affairs…’. [12] When he raised the issue with OX, EL says that he was ‘fobbed off’. The Standards Committee procedure [13] The Professional Standards Officer (PSO) for...

2. CA v DO LCRO 68 / 2012 (26 September 2013) [pdf, 98 KB]

   ...matters. [10] It would seem, that in that telephone conversation, DQ advised CA that her mother had been assessed by [facility] at [name] Hospital on 17 November as requiring full-time care and had also advised that it was necessary to activate the Enduring Power of Attorney appointing her as DP’s attorney. [11] CA wrote to the doctor who had made this assessment and requested her to confirm to him what her recommendations had been. He also filed an application for Legal Aid on...

3. Yuile v Smith - Tuahu 6 (2022) 113 Tairawhiti MB 198 (113 TRW-198) [pdf, 211 KB]

   ...Ella McLean, 113 Tairawhiti MB 201 Charles Smith and himself. Once the succession is complete, these three owners will hold an additional 0.0193236667 shares in the Tuahu 6 block. (b) He says that Richard James Smith’s daughters hold enduring powers of attorney for him and they oppose the application. He further says that Richard Smith’s daughters were not aware of the application or that their father (for whom they hold enduring powers of attorney) had signed any do...

4. Adult relationships

   ...(Relationships) Act 1976 Marriage Act 1955 Domestic Actions Act 1975 Family Protection Act 1955 Joint Family Homes Act 1964 Key secondary legislation Family Court Rules 2002 Epidemic Preparedness (Protection of Personal and Property Rights Act 1988—Enduring Powers of Attorney) Immediate Modification Order 2020 Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008 Protection of Personal and Property Rights (Enduring Powers...

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5. A v X LCRO 2 / 2008 (20 February 2009) [pdf, 22 KB]

   ...conduct her own affairs nor to execute legal documents. The extent to which this was known at the time the work was undertaken is relevant to this review. Lawyer X took instructions from Complainant A’s mother which included the revocation of an enduring power of attorney in favour of Complainant A and the execution of a will which changed a former will by replacing Complainant A as trustee and executor with Lawyer X. [2] The issues at the outset of this application for review we...

6. LCRO 02/2008 A v X [pdf, 22 KB]

   ...conduct her own affairs nor to execute legal documents. The extent to which this was known at the time the work was undertaken is relevant to this review. Lawyer X took instructions from Complainant A’s mother which included the revocation of an enduring power of attorney in favour of Complainant A and the execution of a will which changed a former will by replacing Complainant A as trustee and executor with Lawyer X. [2] The issues at the outset of this application for review we...

7. AD v ZW and ZWZ [2014] NZDT 592 (27 May 2014) [pdf, 34 KB]

   ...between family members. [2] The applicant (AD) and first respondent (ZW) are two of four surviving adult children of AA and BB. Their mother died in 1983 and in 1986 their father AA remarried ZWZ, the second respondent. In 2009 AA appointed ZW his enduring power of attorney. AA and ZWZ lived together in their family home in Z town until April 2012 when it was sold and an occupation right to an apartment at a retirement village was purchased in their joint names. AA did not live...

8. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...Reweti’s intention to take a transfer of the second mortgage rather it was his intention to discharge the second mortgage; b) That the transfer and registration of the second mortgage were fraudulent; c) That Mr Kennedy fraudulently exercised an enduring power of attorney to register the transfer of the second mortgage. [75] As to the first point there is no evidence which supports Mr Smith. The only piece of evidence which touches upon the issue is a series of correspondence...

9. Hinckley v Macduff LCRO 169 / 2009 (28 January 2010) [pdf, 158 KB]

   ...matters relating to a family trust which had been settled by his parents and which he and his brothers were variously trustees and beneficiaries. Ms Macduff also assisted Mr Hinckley's parents in respect of their wills and matters relating to a power of attorney held by JH. JH complained about the conduct of Ms Macduff in a number of respects: [a] Failure to take steps to remove the caveat; [b] Acting for his parents when she ought not have (or alternatively, advising them to tak...

10. BORA Protection of Personal and Property Rights Amendment Bill [pdf, 185 KB]

    ...Ref: ATT395/26 1. On Thursday 16 November 2006 the Cabinet Legislation Committee will consider the Protection of Personal and Property Rights Amendment Bill (PCO 7396/7) for approval for introduction to Parliament. 2. The proposed Bill amends the enduring powers of attorney ("EPA") provisions in Part 9 and Schedule 3 of the Protection of Personal and Property Rights Act 1988 ("principal Act"). The purpose of the Bill is to: 2.1 Strengthen the legislation (e.g. witn...