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Jessica
Consultant
Chris The Lawyer, Expert
Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
Chris The Lawyer, Expert
No-it is not compulsory. If you think the will will not be challenged and the family will be content with the estate division, such as everyone shares equally, then it would not be necessary. Where there are likely to be issues, then getting her GP to give a medical certificate as to capacity would be a good idea.
Chris The Lawyer, Expert
Yes-if she wants to change the EPOA or give one for health and welfare she should get a capacity test
Chris The Lawyer, Expert
I think "should" because the lawyers may want this to prepare the EPOA. But her current letter should be enough
Chris The Lawyer, Expert
It is up to the lawyer because good practice is to ensure the client is of full capacity. They may be satisfied with the letter, but you need to ask her lawyer what they require
Chris The Lawyer, Expert
The lawyer may insist so that they cannot be later criticised for not checking capacity. But it is not a legal requirement to undertake a specific check of capacity
Chris The Lawyer, Expert
Yes, you can use any lawyer you want. But ask if the letter is enough as it could be sufficient
Chris The Lawyer, Expert
Give them an ultimatum-usually a couple of days is all that they should wait if you are emailing
Chris The Lawyer, Expert
You can just ask for me on this site and I can respond