Review of Adult Decision-Making Capacity Law – Second Issues Paper

Te Aka Matua o te Ture | Law Commission is reviewing the law relating to adult decision-making capacity. We are consulting on our Second Issues Paper. Submissions close at 5pm on Friday 21 June 2024.

About the review

We are reviewing the law relating to adult decision-making capacity

The main law we are looking at is the Protection of Personal and Property Rights Act 1988. This Act sets out decision-making arrangements which can apply when someone does not have decision-making capacity, such as enduring powers of attorney, welfare guardians and property managers.

Things we are considering include:

  • Whether the law should continue to provide for the current decision-making arrangements and any changes to those arrangements.
  • Whether the law should recognise and provide for any other decision-making arrangements.
  • What the safeguards and accountability mechanisms should be.

Our process

We published a Preliminary Issues Paper in November 2022. Consultation on that paper closed on 3 March 2023.

We are now consulting on our Second Issues Paper. This looks at the current law in much more detail and suggests possible options for reform.

Submissions on the Second Issues Paper close at 5pm on Friday 21 June 2024.

The feedback we receive on the Second Issues Paper will inform the recommendations we make in our Final Report. We intend to give our Final Report to the Minister of Justice in early 2025.

Second Issues Paper

The Second Issues Paper supports our second round of consultation

The Second Issues Paper

The Second Issues Paper contains our detailed analysis of issues with the current law and suggests possible options for reform.

The Second Issues Paper has three parts:

  • Part 1 explains some important ideas and concepts in relation to the review.
  • Part 2 discusses what key features and decision-making arrangements should be in a new Act.
  • Part 3 discusses options for systemic reform, including practical improvements and improving court processes.

Key Topics

Alongside the Second Issues Paper, we have published four Key Topic documents. These are short, plain-language summaries of a few of the most important topics in the Second Issues Paper. In each Key Topic we ask some high-level consultation questions.

The Key Topics do not cover all the topics, issues and consultation questions in the Second Issues Paper. Each Key Topic cross-refers to the relevant parts of the Second Issues Paper, so people can easily find our detailed analysis and questions. 

Your submission can respond to the questions in the Key Topics, or you can tell us your thoughts generally. You are welcome to make an individual submission, or to work with others and send us a group submission.

Click here to read more at the original web page at huarahi-whakatau.lawcom.govt.nz

Leave a comment

Send this to a friend