13 Mar 2017
GODFREY & MCCORMICK [2017] NZHC 420
- Citation
- [2017] 3 NZLR 198
- Court
- High Court
An enduring power of attorney does not extend to powers over trust property or enable an attorney to retire a donor as trustee; where a trustee has lost capacity the court may remove the trustee and, under s52 Trustee Act 1956, vest trust property in the remaining trustees and dispense with service when appropriate.