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17PPPR

PPPR Act - changes ahead

NZ $70.00
incl GST
Theresa Donnelly 2016 Annette Gray 2016 Neil Williamson 2016
Theresa Donnelly
Ministry of Social Development
Auckland
Annette Gray
Buchanan Gray
Wellington
Neil Williamson
Ministry of Social Development
Wellington

Authors: Theresa Donnelly, Annette Gray, Neil Williamson
Published: 19 October 2016
Pages: 98

Introduction

The enduring powers of attorney provisions in Part 9 of the Protection of Personal and Property Rights Act 1988 (PPPR Act) allow people to make private arrangements for looking after their welfare and care and property in the event they become mentally incapable. The provisions were inserted during the select committee consideration of the original Bill. That they were something of an afterthought is evidenced by the absence of some of the important protections that were in earlier parts of the Bill attaching to personal orders, property orders, welfare guardians, and property managers.

In 2000 the Law Commission produced its report on abuse of enduring powers of attorney (EPAs) which included recommendations for legislative amendment to address issues of misuse, highhandedness, bullying and fraudulent behaviour by attorneys. The government response resulted in the 2007 amendments to the Act. Development of the Protection of Personal and Property Rights Amendment Bill was led by the Minister for Senior Citizens and the Office for Senior Citizens in the Ministry of Social Development by arrangement with the Minister of Justice, as the Ministry of Justice did not have the resources available to include the work on its programme. (Continued...)


Content outline

 
  • PPPR act – changes ahead
    • Amendments to the act
    • New section 95A
    • Section 99A
    • Section 99D smended
    • Section 106 smended
    • New section 106A inserted
    • Practical issues
    • Representing the older clients
  • Amendments to the regulations
    • The new regulations at a glance
    • Forms
    • New EPA forms – 1 & 2
    • Analysis of the new forms
    • Overview of the proposed EPA in relation to property
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