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StatuteProtection of Personal and Property Rights Act 1988

Section 99D — Protection of Personal and Property Rights Act 1988: Medical certification of incapacity

Text of the provision Official document

99D Medical certification of incapacity (1) A certificate of the donor's mental incapacity under this Part must be— (a) in the prescribed form; or (b) if the certificate is issued outside New Zealand, in a form acceptable to the competent authority of the State concerned. (2) The donor may specify in an enduring power of attorney that the assessment of his or her mental capacity for the purposes of this Part be undertaken by a health practitioner with a specified scope of practice, but only if the scope of practice specified includes the assessment of a person's mental capacity. (3) The cost of any medical assessment or examination reasonably required for the purpose of certifying whether the donor is mentally incapable under this Part is recoverable as a debt from the donor's property. Section 99D: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.