TY  - BOOK
ED  - Te Aka Matua o te Ture | Law Commission
TI  - Misuse of enduring powers of attorney: a discussion paper
T2  - Preliminary paper (New Zealand Law Commission) ; 40
SN  - 1877187488
SN  - 0113-2245
PY  - 2000///
CY  - Wellington
PB  - NZ Law Commission
KW  - FVC
KW  - ELDER ABUSE
KW  - ENDURING POWERS OF ATTORNEY
KW  - OFFENDERS
KW  - OLDER PEOPLE
KW  - LAW
N1  - jo.  May 2000.  Also available on the World Wide Web; nz
N2  - 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
UR  - http://www.lawcom.govt.nz/sites/default/files/publications/2001/03/Publication_78_170_R71.pdf
ER  -