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EPOA if someone is assessed for early altzheimers and is…

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EPOA if someone is...

EPOA if someone is assessed for early altzheimers and is deemed fit to make their own decissions yet a previous EPOA was in place but as far as the Dr doing the recent assecment is concerned it was never activated does this mean exactly that it was not active??

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New Zealand

Lawyer's Assistant: Has anything been filed or reported?

Husband passed away children are stating that there is an EPOA over my sister we have had her reassessed and Dr Mattews states she is more than capable of making decissions and he rang the daughter and advised her there was no point in activating the EPOA as Carol was capable

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Dont think so just trying to understand EPOA and activation or not

Submitted: 11 months ago.Category: New Zealand Law
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8/2/2017
Solicitor: Chris The Lawyer, Lawyer replied 11 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,765
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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It depends on the assesment by the doctor-he is the person who must make the call on capacity. If he thinks she is still capable then the EPOA would not be activated. But when she is unable to understand then the doctor must formally certify this with a certificate. Until that happens the EPOA is not operative

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Solicitor: Chris The Lawyer, Lawyer replied 11 months ago

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