Enduring powers of attorney - your legal sidekick in times of need

Enduring powers of attorney

your legal sidekick in times of need

Click the following links to use DYOdocs to create a free report on the legal documents you need as part of

your will-based estate plan or your trust-based estate and asset protection plan

and why it’s essential to have legal expertise you can trust

 
 

Why you need enduring powers of attorney

  • Under New Zealand law, EPAs allow you to appoint someone you trust to manage your financial and healthcare affairs if you become mentally incapacitated. Unlike a normal power of attorney, which becomes invalid once you lose mental capacity, an EPA can be used if you're no longer able to make decisions for yourself.

    Our team of experienced lawyers can help you set up two types of EPA:

    • Property; and

    • Personal care and welfare.

    Think of an EPA as a safety net that ensures your wishes are carried out, no matter what happens. With an EPA in place, you get to choose who will take care of your affairs if you're unable to do so yourself. Without an EPA, your family and advisers will need to go through the costly and time-consuming process of applying to the Family Court to have someone appointed.

  • Don't leave your future to chance! At Ross Holmes Virtual Lawyers Limited, we understand that life can be unpredictable, but that's no reason to let the unexpected derail your plans. That's why we recommend preparing for the future by setting up an enduring powers of attorney (EPAs).

    If you need more information download the following  "Enduring Power of Attorney" pamphlets today and take the first step towards securing your future:

    "Enduring Power of Attorney English" Pamphlet

    "Enduring Power of Attorney Pamphlet Simple Chinese"

    "Enduring Power of Attorney Te Reo Māori" Pamphlet

  • At Ross Holmes Virtual Lawyers Limited, we specialize in helping our clients plan for the future by setting up EPAs. Our attention to detail and ability to explain complex legal concepts in plain English means you can rest assured that your affairs will be taken care of, even in the most challenging of circumstances.

    We understand that life can be unpredictable, but that's no reason to let the unexpected derail your plans. That's why we recommend preparing for the future by setting up an enduring powers of attorney (EPAs).

    Contact us today to learn more about how we can help you secure your future.

The types of EPA’s

  • An EPA as to property is a legal document that allows you to appoint those you trust to make decisions about your finances and property if you lose the mental capacity to do so. You can choose whether your EPA takes effect while you're still mentally capable, or only if you become mentally incapable.

    You choose to have your EPA take effect while you're still mentally capable, or only if you become mentally incapable.

    Don't leave your finances and property to chance. Contact Ross Holmes Virtual Lawyers Limited today and take the first step towards securing your financial future.

  • An EPA as to welfare is a legal document that allows you to appoint someone you trust to make decisions about your personal care and welfare if you lose the mental capacity to do so. Your personal care and welfare attorney can be authorised to act either generally or in relation to specific matters, subject to conditions and restrictions.

    It's important to note that your personal care and welfare attorney may not make decisions about certain matters, such as your marriage or civil union, your children being adopted, or refusing consent to standard medical treatment intended to save your life or prevent serious damage to your health. Your attorney also cannot consent to you receiving electro-convulsive treatment (ECT), brain surgery, or treatment designed to change your behavior.

  • EPA set-up checklist

    Before you talk to your legal adviser:

    • decide who you want your attorneys to be and what you do and don’t want them to do on your behalf

    • think about how your attorneys might be supported – for example, by naming whānau, friends, or an accountant or solicitor who must be consulted or provide your attorney with advice

    • make a list of the main things you own, any money owed to you, and any debts

    • think about who you want to give a copy of the EPA to – for example your doctor, your bank, or family members

    • decide when you want your property EPA to come into effect – this can be a date, after a period in time, or when you are determined mentally incapable

    • think about how your attorneys might be monitored, for example by appointing a second person to oversee your financial records, get copies of bank statements, or be informed of certain decisions

    • decide whether you want to appoint other people to step in as attorneys if something happens to your first choice.

EPA FAQ’s

  • A: Yes, you can appoint more than one attorney. In the case of property EPAs you can choose to appoint attorneys jointly or separately. In the case of welfare EPAs they can only act one at a time.

  • A: EPAs as to property can take effect immediately, or only if you become mentally incapable. EPAs as to welfare come into effect only if you become mentally incapable. 

  • A: Yes, you can change your EPA at any time, as long as you are mentally capable of doing so. 

  • A: Yes, you can revoke your EPA at any time, as long as you are mentally capable of doing so. You must follow the proper legal process to revoke your EPA.

  • A: It is mandatory for a lawyer or experienced legal executive to give you advice and witness your signature for your EPA to be legally effective.

  • A: If you become mentally incapable of making decisions for yourself and you do not have an EPA, the Family Court may appoint a statutory manager to make decisions on your behalf.

Disclaimer: This article should not be relied upon for legal advice. Always seek professional legal advice before making any decisions regarding your business.

More videos on enduring powers of attorney

A short series of videos about Enduring Powers of Attorney from the Office for Seniors Te Tari Kaumātua and the MSD websites