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| | Post New Topic | | Looking for some advise on powers of attorney | Views: 545 | | May 11, 2006 7:56 am | | Looking for some advise on powers of attorney | # | 
John Dierckx | | Hi All,
I am working on a case for a client here in New Zealand. He advised me that one of his properties was sold in mortgagee sale through use of a "enduring and irrevocable" power of attorney. Both forms seperately are recognised in New Zealand however I did not find reference to the conbined form. The law is quite clear about the form of both types seperately and the actual wordings and forms are spelled out in the law.
In the law it spells out that minor changes to the prescribed for are allowed however "material" changes are not allowed.
My questions:
- does anyone know of the combined enduring and irrevocable power of attorney, which to me seems like a "sentence for life" An enduring one can be revoked and is valid until such time, and irrevocable can nort be revoked.
- would the combination under normal circumstances be considered as a material change to prescribed form? It seems to me that it would however no lawyer appears to be willing to give any formal opinion on this issue.
- what would be the expected result if it is identified that the change in the form is material and thus not allowed, the acts do not specify that?
- reference is made in the poa to an act that provides for an enduring power of attorney only, whilst the act that provides for an irrevocable poa is not mentioned. Would that be of influence in understanding this poa?
- my client retracted the poa within the timeframe of the enduring poa in accordance with the law, however, according to the title the poa is also irrevocable, what does that mean for his retraction?
I have doen a lot of research but I have not been able to track the combined form eg enduring and irrevocable.
Any guidance in solving this puzzle would be very welcome.
John Dierckx
Dierckx & Associates Ltd
PO Box 13 593
Christchurch
0064 03 3424232 (T)
0064 027 480 3371 (M)
email john@dierckx.co.nz
web http://www.dierckx.co.nz and http://nzpi.blogspot.com
Private Reply to John Dierckx | | May 11, 2006 8:17 am | | Looking for some advise on powers of attorney | # | 
Karel Frielink | | Dear John:
Thank you for your posting. I guess the answer to your question should be found in your legal system, with which I am not familiar.
Perhaps the following links give at least some guidance, although not all of them deal with your legal system (I guess):
OAK-NET (http://www.oak-net.org/index/endure2.html)
Queensland Government (http://www.justice.qld.gov.au/guardian/ag/guidelines.htm)
Parliament (http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/89BE4C6A407BEC23CA256D9500363082?Open&shownotes)
Bookstore: book about PoA in your system (http://www.federationpress.com.au/bookstore/book.asp?isbn=1862870918)
Kind regards,
Karel Frielink
++ KAREL'S LEGAL BLOG ++
http://www.curacao-law.com/
Private Reply to Karel Frielink | | May 11, 2006 9:00 am | | re: Looking for some advise on powers of attorney | # |
John Dierckx | | Hi Karel,
Thanks for this advise I will certainly check them out.
By the way, are you familiar or do you know with Hans de Doelder? He used to be my professor in Rotterdam and I worked as his assistant.I understand he is quite active on your side of the ocean at the moment
Something else, if you hear of any vacancies, positions or just if you think there is a market, I am looking around for other options outside of New Zealand as a business forensic service provider, litigation discovery consultant, investigator. Any market for that type of services there?
John
Private Reply to John Dierckx | | May 11, 2006 9:22 am | | re: re: Looking for some advise on powers of attorney | # |
Karel Frielink | | Hi John:
Thanks. I have seen Hans den Doelder once, but I don't know him personally. He is an expert in criminal law, which is not my cup of tea.
Curacao is only a tiny island (population of approx. 140,000), so not really a market for your expertise. Have you offered your services on the internet already?
Kind regards,
Karel
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