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

   ...decision of 15 August 2012. [3] The complaint is focused on concern that Mr FQ failed to follow appropriate process when tendering advice to Mrs JE’s elderly father, Mr SP, (“Mr SP Snr”), when Mr SP Snr sought Mr FQ’s assistance to revoke an enduring power of attorney in favour of the Public Trust, in favour of a new enduring power of attorney for property which granted power of attorney to Mr SP Snr’s son [SP’s son], and grandson, [SP’s grandson]. 2 The Compl...

2. Trustee corporations

   ...write directly to a trustee corporation and ask if the corporation will manage their assets. This is known as an agency agreement. Special conditions apply to this type of application. It needs to: specify the property to be managed and the rights and powers the applicant wants the trustee corporation to have include certificates from 2 registered medical practitioners (at least 1 must be a psychiatrist and not otherwise involved with either the application or the person who lacks competence)....

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   2. Powers to make decisions for others >
   3. Help to look after property >
   4. What a property manager does

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

   ...strokes, Mrs DM 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...

4. 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...

5. MOJ0585_OCT21_WEB.pdf [pdf, 72 KB]

   ...or have a head injury. Their incapacity may be temporary or permanent. There are three ways to make sure a person is looked after if they can’t fully look after themselves or communicate their decisions: • the person can grant another person enduring power of attorney (EPA) to look after their personal affairs or property in case they become unable to manage their own affairs • the person or another person can ask the Family Court to appoint someone to act for them as a welfare g...

6. GQ v TO LCRO 57 / 2011 (12 January 2012) [pdf, 104 KB]

   ...the changes was sent to her at that time. [5] In August 2004 she requested amendments to that draft which were made, and the will was signed in September 2004. [6] In January 2006 she again made contact with Mr TO to instruct him to prepare Enduring Powers of Attorney for her. She wished to appoint her son GR as her Personal Care and Welfare Attorney, and GR and Mr TO as her Property Attorneys. GR and Mrs GQ (Mrs) were Mrs HA’s only two children. [7] At the time of makin...

7. NU v ZY LCRO 239/2012 (31 March 2016) [pdf, 105 KB]

   ...was at the time the complaints arose an elderly widow residing in a [City] rest home. Her faculties were declining. She owned one significant asset, a home which had been the family home for her and her late husband. [4] Mr NU enjoyed a long and enduring relationship with Mrs EL and her late husband. In 2007, shortly after her husband’s death, Mrs EL appointed Mr NU as her power of attorney for property. Mr NU had a background in the finance industry. For 2 some time he co...

8. MOJ0593_JUN22_WEB.pdf [pdf, 67 KB]

   ...relationship. The court can’t make an Order to Administer Property if a property manager has already been appointed; only one person can administer property. The court will not make an Order to Administer Property for a person who has granted someone an enduring power of attorney (EPA) unless it’s not working to protect their best interests or it doesn’t cover a specific decision that’s needed. Applying for the order You can apply for an Order to Administer Property if you’r...

9. DF v WW LCRO 151 / 2010 (23 June 2011) [pdf, 57 KB]

   ...about the need for a special clause in the auction documents concerning this. [20] The estate agent informed the Practitioner that he had learned from the Applicant that Mrs J no longer had legal capacity and the Practitioner advised him of the Enduring Powers of Attorney and how he should proceed. [21] The Practitioner stated that during the time that she had had contact with Mrs J’s son and the Applicant, there was no indication from either of them that her firm was not acting...

10. MOJ0592_AUG21_WEB.pdf [pdf, 67 KB]

    ...18 years old or older. Personal Orders for 16-year-olds and 17-year-olds can be made if they are, or have been, married or in a civil union or de facto relationship. The Court will not make a Personal Order for a person who has granted someone an enduring power of attorney (EPA) unless it’s not working to protect their best interests or it doesn’t cover a specific decision that’s needed. Who can apply for a Personal Order You can apply if you’re: • a person who can’t fully...