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Tierney v Dijkstra [2019] NZFC 1172

Published 13 December 2023

Removal of power of attorney — property attorney — refund of donor's money — new appointment — Public Trust — Protection of Personal and Property Rights Act 1988, ss 103 & 105(2). The applicant sought a review of a decision made by her elderly father's son (the respondent), in his capacity of enduring power of attorney. The respondent had got his father, who lacked capacity, to sign a document that essentially allowed him to drain his bank accounts. In an earlier judgment this document was deemed invalid as the father could not and did not fully understand the implications of what he had signed. In this judgment the respondent was ordered to pay back $137,000 to his father's estate and was removed as property attorney. His wife was removed as welfare attorney. They had continuously failed to act in the father's best interests and there was a reasonable prospect that they would continue to do so. The Public Trust was appointed as property attorney. Note: leave granted under Family Court Act 1980, s 11B(3) for publication of this decision in its original form. Judgment Date: 3 March 2019.