Why do I need an Enduring Power of Attorney?

There are two different types of Enduring Power of Attorney, a property attorney and a personal care and welfare attorney. You are only allowed one personal care and welfare attorney. You give consent for the attorney to make decisions for your welfare and property matters, on your behalf. You can elect an attorney to act when you are mentally able to or when you do not have mental capacity. If you don’t have an EPA this means your family may need to go to the Family Court to get welfare and property orders if you lose your mental capacity.

Who should I appoint as my Enduring Power of Attorney?

You can only have one Attorney for your Personal Care and Welfare, this attorney will only be able to make decisions on your behalf after you lose capacity. You can appoint two attorney for your Enduring Power of Attorney in relation to Property. You can chose for them to act jointly or individually and before you lose capacity. These have to be people that you trust. You can appoint more than one successor attorneys for both Personal Care and Welfare and Property. You can also nominate a person for your attorney to consult with before they make a decision on your behalf. It is more convenient for your attorney to be ideally in the same city as the donor.

What is the difference between a Will and Power of Attorney?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.

How to Activate Enduring Power of Attorney?

A medical practitioner is required to write a letter stating that the donor has lost capacity for the Enduring Power of Attorney to be activated. A medical practitioner is not required to sign off the Enduring Power of Attorney for Property if the donor chose to give authority for the attorney to act prior to the donor losing capacity.

How to get an Enduring Power of Attorney with Weston Ward & Lascelles?

We offer independent advice with remote drafting & signing available. Get started online now here

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Christchurch 8011

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03 379 1740

enquiry@wwl.co.nz

Enduring Power of Attorney

Reliable and trustworthy enduring power of attorney services in Christchurch - Ensuring your wishes are respected

Our team of family lawyers can help you with enduring powers of attorney in Christchurch and throughout New Zealand. Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to make them yourself. We can help you understand what an Enduring Power of Attorney is, how it works, and what it means for you and your family.

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What is an enduring power of attorney?

The meaning of an Enduring Power of Attorney is where you ('the Donor") appoint a person you trust to make decisions or sign documents for you on your behalf. There are two types of Enduring Powers of Attorney, they can deal with your property and/or with your personal care and welfare, if you become incapacitated. You can elect if you want your Enduring Power of Attorney to be activated for property while you still have mental capacity.

The fundamental reason for having an Enduring Power of Attorney is that life is unpredictable. You may be in a serious accident or be diagnosed with a terminal illness at any stage of your life. If you are incapacitated it is important that someone is able to take care of your property (i.e. mortgage repayments, bills) and make decisions for your well-being. The alternative to not having an Enduring Power of Attorney is where you need an order from the Family Court, this process can be timely and costly. This also puts a significant amount of strain on your family and friends in a time of crisis.

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Enduring power of attorney forms

There are the two types of Enduring Powers of Attorney; the Enduring Power of Attorney in relation to Personal Care and Welfare and the Enduring Power of Attorney in relation to property. For Enduring Power of Attorney Form to be valid this requires them to be correctly executed. The Enduring Power of Attorney Form has three components, the notes and glossary section, the Enduring Power of Attorney template and the Certificate of the Donor's Witness. The Certificate has to be signed by a Solicitor or Registered Legal Executive of the law firm.

The Donor's Witness has to be independent from any of the attorneys and successor attorneys for the Enduring Power of Attorney to be valid. For instance, if you are wanting to get Enduring Powers of Attorney for your parents, the law firm that you are clients of cannot advise your parents on the Enduring Powers of Attorney document. Your parents will need independent advice, but the firm can prepare the Enduring Power of Attorney Forms.

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Enduring Power of Attorney FAQs

Got a question? Our team of experienced wills & estate lawyers based in Christchurch are here to help.

Why do I need an Enduring Power of Attorney?

There are two different types of Enduring Power of Attorney, a property attorney and a personal care and welfare attorney. You are only allowed one personal care and welfare attorney. You give consent for the attorney to make decisions for your welfare and property matters, on your behalf. You can elect an attorney to act when you are mentally able to or when you do not have mental capacity. If you don’t have an EPA this means your family may need to go to the Family Court to get welfare and property orders if you lose your mental capacity.
Who should I appoint as my Enduring Power of Attorney?

You can only have one Attorney for your Personal Care and Welfare, this attorney will only be able to make decisions on your behalf after you lose capacity. You can appoint two attorney for your Enduring Power of Attorney in relation to Property. You can chose for them to act jointly or individually and before you lose capacity. These have to be people that you trust. You can appoint more than one successor attorneys for both Personal Care and Welfare and Property. You can also nominate a person for your attorney to consult with before they make a decision on your behalf. It is more convenient for your attorney to be ideally in the same city as the donor.
What is the difference between a Will and Power of Attorney?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.
How to Activate Enduring Power of Attorney?

A medical practitioner is required to write a letter stating that the donor has lost capacity for the Enduring Power of Attorney to be activated. A medical practitioner is not required to sign off the Enduring Power of Attorney for Property if the donor chose to give authority for the attorney to act prior to the donor losing capacity.
How to get an Enduring Power of Attorney with Weston Ward & Lascelles?

We offer independent advice with remote drafting & signing available.

Get started online now here