Enduring Powers of Attorney - What are they?

Life can be unpredictable – an illness, accident, or age-related condition can make it hard to manage your own affairs. An Enduring Power of Attorney lets you plan ahead by choosing someone you trust to make important decisions if you’re no longer able to.

There are two types of Enduring Power of Attorney documents, one in relation to your finances which is referred to as your Enduring Power of Attorney for Property and the other in relation to your health and well-being which is referred to as your Enduring Power of Attorney for Personal Care and Welfare.

The basis of an Enduring Power of Attorney is for someone to step into your shoes to manage your affairs and make decisions on your behalf when you are unable to make these decisions for yourself.

Your Enduring Powers of Attorney are in place for your lifetime and cease upon the date of your death in which instance your Will would take effect.  At any time whilst you have capacity, you are able to revoke your Enduring Powers of Attorney although we would strongly recommend new ones are prepared to replace your existing ones.

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Why is it important?

Accidents, illness, or age-related conditions can affect anyone and  often without warning. If you lose the ability to make decisions for yourself and don’t have an Enduring Power of Attorney in place, your family or loved ones cannot automatically step in.

 

Instead, someone must apply to the Family Court to be appointed as your welfare guardian or property manager. This can be a stressful, time-consuming, and expensive process.

With Enduring Powers of Attorney, you stay in control by choosing:

  • Who can make decisions on your behalf
  • What decisions they can make
  • When their authority begins

There are two types of Enduring Powers of Attorney documents in New Zealand.

  1. Property – for financial and legal matters
  2. Personal Care and Welfare – for health, living arrangements, and care decisions

Enduring Powers of Attorney provide peace of mind, reduce legal delays, and protect your personal wishes — even if you can’t speak for yourself.

Enlist the services of one of our estate planning lawyers

If you would like to make a time to come in and discuss Enduring Powers of Attorney or if you would like us to come to you, please contact one of our  friendly staff at one of our offices Northwood, Kaiapoi or New Brighton to see how we can help you with your specific needs.

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FREQUENTLY ASKED QUESTIONS

• An Enduring Power of Attorney for Property can be activated immediately or when you lose capacity. You can decide this during the drafting process.

• An Enduring Power of Attorney for Personal Care and Welfare can only be activated once you have been assessed as having lost mental capacity. A doctor or medical practitioner must formally assess you and a copy of the assessment note must be given to your lawyer.
Choose someone you trust completely, typically a family member or a close friend. They should be responsible, reliable, and willing to act in your best interests. You can appoint different people for property and personal care.
Your attorney can make decisions according to the powers given in the Enduring Power of Attorney document. For a property Enduring Power of Attorney, this might include managing your finances (paying bills, etc.), and managing your property. For a personal care and welfare Enduring Power of Attorney, it involves decisions about your healthcare.
If your appointed attorney cannot act for you, you will need to appoint a new attorney. You are only able to do this if you are of sound mind. If your attorney cannot act, and they haven’t been replaced in a new Enduring Power of Attorney document, this may result in an application to the Family Court to appoint a suitable person to make decisions on your behalf.
We recommend it that you get both. A Property Enduring Power of Attorney covers your finances, while a Personal Care and Welfare Enduring Power of Attorney covers your health and wellbeing. Having both means you're fully protected if something unexpected happens.
No - anyone over 18 can (and should) consider setting them up. Accidents or illness can happen at any age. Having an Enduring Power of Attorney in place ensures someone you trust can step in if needed, without delay.

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