Baldock Larry: Questions for Oral Answer — Questions to Ministers 
Baldock Larry: Questions for Oral Answer — Questions to Ministers 
[Volume:617;Page:12630] 
7.  
LARRY BALDOCK (United Future) 
 to the  
Minister responsible for the Public Trust 
: Is he satisfied the Public Trust exercises sufficient care in administering enduring power of attorney; if so why? 
Hon JIM ANDERTON (Minister responsible for the Public Trust) 
: 
 Responsibility for the supervision direction and management of the affairs of the Public Trust rests with its board. Accordingly I do not have nor would I expect to be provided with information on operational matters such as these. The Public Trust is required by its legislation however when managing and administering estates and in fulfilling any other fiduciary obligations to act in an independent manner free from any direction or instruction from the Crown. The legislation governing enduring powers of attorney actually lies with the Minister of Justice but I am willing to assist the member in any communications he wants to have with the Public Trust if he wishes. 
Larry Baldock 
: Is the Minister aware that the Public Trust has implemented the recommendations of the Law Commission report of April 2001 entitled  
Misuse of Enduring Powers of Attorney 
 which recommended that the Public Trust should seek independent legal advice before assisting to grant enduring power of attorney where the donor is over the age of 68 and married and the person being granted enduring power of attorney is not the spouse? 
Hon JIM ANDERTON 
: If the member wants a response from the chief executive and the board of the Public Trust as to what effect it has given to those recommendations I am happy to assist or he can write to the Public Trust directly. 
Larry Baldock 
: I thank the Minister for his assistance. Will he give this House an assurance today then that he will look into the matter of the Public Trust’s management of the case of Mr Alefounder of Tauranga an 89-year-old Alzheimer’s patient who was assisted to give power of attorney to Mrs Alefounder’s stepson without Mrs Alefounder being consulted with the result of the Public Trust’s actions being that it has enabled her stepson to withdraw funds from the deceased’s account and leave Mrs Alefounder with a debt? 
Mr SPEAKER 
: The question is a long one but I will allow the Minister to comment briefly. 
Hon JIM ANDERTON 
: I reiterate that operational matters on individual estates are the affairs of the chief executive and the board of the Public Trust. If the member wishes to get a response from the Public Trust on a specific case like that then I will assist him to do so or he can write directly to the trust. 
Larry Baldock 
: Is the Minister aware of Age Concern’s claims that 25 percent of all people who have granted enduring power of attorney or who like Mrs Alefounder have seen their spouses grant enduring power of attorney are being financially emotionally and materially abused and that the Government review of this issue to be released later this year is happening too slowly; and will he give this House an undertaking that he will look into that and see that it is speeded up? 
Mr SPEAKER 
: That is not a Public Trust issue but the Minister can comment briefly on it if he wishes. 
Hon JIM ANDERTON 
: As I said the legislation governing enduring powers of attorney is really the affair of the Minister of Justice but I am also aware that my colleague the Minister for Senior Citizens is investigating aspects of elder abuse including those that the member has outlined and a report for recommendation and possible action will go to Cabinet and the Government in due course.