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New Zealand Law Society welcomes changes to Enduring Powers of Attorney forms

19 July 2016

The New Zealand Law Society welcomes proposed changes to the Enduring Powers of Attorney forms, saying they will reduce cost and complexity.

In a submission to the Ministry of Social Development in relation to the Statutes Amendment Bill which proposes to amend section 94A of the Act to allow the same lawyer or legal executive to witness the donor's signatures to mutual powers of attorney, so long as witnessing both signatures does not constitute more than a negligible risk of a conflict of interest, the Law Society welcomes the change.

"This amendment should help to reduce the cost and complexity of establishing Enduring Powers of Attorney," says the Law Society.

In relation to the "setting up" part of the forms which says the EPA should be filled in, signed and witnessed in the presence of your lawyer or another authorised witness, the Law Society says this would be better worded as "must".

Other proposed changes include giving people the option of a standard clause in similarity to Wills, to revoke all earlier Enduring Powers of Attorney and also remove provisions that require the medical certificate of incapacity to be in a prescribed form.

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Last updated on the 19th July 2016