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Misuse of enduring powers of attorney : a discussion paper

Contributor(s): Law Commission | Te Aka Matua o Te Ture.
Material type: materialTypeLabelBookSeries: Publisher: Wellington NZ Law Commission 2000Description: 34p. ; 30 cm. ; computer file ; PDF format.ISBN: 1877187488.ISSN: 0113-2245.Subject(s): ELDER ABUSE | ENDURING POWERS OF ATTORNEY | OFFENDERS | OLDER PEOPLE | LAWOnline resources: Click here to access online Summary: This Law Commission report discusses misuses of enduring powers of attorney with regard to Part IX of the Protection of Personal Property Rights Act (1988). This affords powers of attorney the legal right to make decisions on behalf of the donors they represent, provided they are unable to make the decisions themselves. The report lists some of the problems with the Act, and discusses: the extent of the problem; the approach to reform; the granting of powers of attorney; the 'mentally incapable' test in s98 (3); attorneys high-handedness and failure to consult; and theft, neglect and registration of powers of attorney. A summary of the Law Commission's recommendations to amend Part IX of the Protection of Personal and Property Rights Act and consideration for the development of a Commissioner for the Aged are included. The appendix includes Part IX and the Third Schedule of the Act, examples of reported misuses by submitters, and a list of the individuals and organisations making submissions for change.
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This Law Commission report discusses misuses of enduring powers of attorney with regard to Part IX of the Protection of Personal Property Rights Act (1988). This affords powers of attorney the legal right to make decisions on behalf of the donors they represent, provided they are unable to make the decisions themselves. The report lists some of the problems with the Act, and discusses: the extent of the problem; the approach to reform; the granting of powers of attorney; the 'mentally incapable' test in s98 (3); attorneys high-handedness and failure to consult; and theft, neglect and registration of powers of attorney. A summary of the Law Commission's recommendations to amend Part IX of the Protection of Personal and Property Rights Act and consideration for the development of a Commissioner for the Aged are included. The appendix includes Part IX and the Third Schedule of the Act, examples of reported misuses by submitters, and a list of the individuals and organisations making submissions for change.

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