Laws between countries
Just wondering if anyone has come across the different laws between Aust & NZ.
We have just tried to envoke our Enduring Power of Attorney (drawn up in Australia) for my mother-in-law in NZ and it has been refused, stating not legal because it was ratified by a JP, not a lawyer???. It was signed years ago when she was of sound mind, while living in Australia, but now has dementia and living back in NZ. So now we have to go through a lengthy and costly excerise to have another one drawn up in NZ.
We feel this is ignoring her wish, made of sound mind, as now anyone can challange it.
Any opinions welcome
3 comments
3 comments
Hi Janice, found this from the New Zealand Law Society ... hope it helps.
CAN AN EPA MADE OVERSEAS WORK IN NEW ZEALAND?
Each country has its own laws about powers of attorney. Most English-speaking countries have their own specified form of EPA. So, an EPA made under the laws of another country is unlikely to be recognised in New Zealand. The best advice is to make an EPA in each country where you have property of any value or where you regularly spend an amount of time.
It is also unlikely that a New Zealand EPA would be recognised in other countries. Not all countries have laws allowing EPAs to be used at all. You should check with a lawyer in the country concerned if you think you need an EPA in another country.
Link to full NZ Powers of Attorney document below.
https://www.lawsociety.org.nz/__data/assets/pdf_file/0004/69223/Powers-of-Attorney-Oct-2018.pdf
-------------------------
Apparently there may be some recognition variations between states in Australia too ... which I didn't know.
https://www.shglawyers.com.au/enduring-powers-of-attorney-in-different-jurisdictions/