Description

Understanding the Protection of Personal and Property Rights Act 1998 (the PPPR Act) and its regulations (the Regulations) to ensure Enduring Powers of Attorney (EPAs) that meet the donor’s needs.

The focus of this webinar is on EPAs in relation to property.

Elaine Henderson will highlight issues that need to be considered when advising a donor who wants their EPA in relation to property to come into effect while they are mentally capable and continue if they become mentally incapable (section 97(4)(a) of the PPPR Act).

Elaine will discuss:

• relevant sections in Part 9 of the PPPR Act and the Regulations 
• options available to protect the donor and the donor’s attorney(s) who have a fiduciary duty to the donor 
• important information to record in file notes 
• cases including Jackson v Jackson [2017] NZHC 860 and Vernon v Public Trust [2016] NZCA 388 

Theresa Donnelly will consider problems and pitfalls that arise where there is a failure of advisers to refer back to the PPPR Act and the Regulations, attorney issues, and issues with amending EPA forms. Theresa will also discuss optional provisions regarding keeping families in check, revocation, and some issues around capacity and witness certificates. Theresa will also discuss the need to clarify with clients about when they need that all important medical assessment to invoke their EPAs.

LEARNING OUTCOMES

You will:

• gain a better understanding of the PPPR Act and the Regulations
• learn about issues that can arise with EPAs that you may not have previously thought about
• gain knowledge regarding drafting fit for purpose EPAs
• learn practical solutions for common problems with EPAs

ORIGINAL BROADCAST DATE

28 November 2018

SUITED TO

Solicitors and legal executives who draft and advise on EPAs.

PRESENTERS

Elaine Henderson, Consultant, Vicki Ammundsen Trust Law Limited

Theresa Donnelly, Senior Solicitor, Public Trust