Enduring Powers of Attorney were intended to be a low-cost proactive solution to managing incapacity.They are a “stock item” in most law firms, and yet “[t]here is much confusion and misinformation about [them].” (2014 Report of the Honourable Jo Goodhew, Minister for Senior Citizens reviewing amendments to the PPPR Act.) As baby boomers age and incapacity burgeons, attorneys are increasing being challenged in the exercise of their role in the courts.
This practical session will enable practitioners to consider the “how to” of an application for review of the actions of an attorney acting under an EPA in light of recent case law, and will provide useful guidance on steps to take when drafting EPAs to reduce the possibility of review of attorney actions in future.
- Become familiar with “red flags” triggering a review of an attorney’s conduct and how to make an application for review.
- Receive tips on how to deal with complaints about an attorney.
- Become familiar with the different thresholds of legal and medical incapacity for EPA.
- With reference to recent case law, update your knowledge on the legal tests for applications for review of attorneys’ actions.
Who should view?
General practitioners, family lawyers and other lawyers and legal executives who prepare EPAs, act as attorneys or who encounter EPAs as part of their practice.
Barrister & Mediator
Maria Kazmierow, Barrister and accredited FDR Mediator, is a family law specialist based in central Auckland Chambers.
Maria’s private practice covers most aspects of the Family Courts jurisdiction, with a focus on complex cases. This includes incapacity and EPoA disputes and mental health issues, relationship property and trust matters and child related cases. With her speciality, Maria frequently presents seminars to the legal and associated professions, and has written a regular national column for NZ Lawyer magazine on Family Law issues. Maria is a member of ADLSI’s Mental Health Law Committee and is a past Convenor of ADLSI’s Family Law Committee. Until recently, she has been a board member of an NGO in the Mental Health field.
Chair and Commentator:
Partner, Fortune Manning
Tony Fortune is a Partner at Fortune Manning. As well as a barrister and solicitor, Tony is a Notary Public and a Trust and Estate Practitioner. His practice areas include trusts and estate planning, wills and powers of attorney, and elder law.