Looking to protect your future? Speak to our
Enduring Power of Attorney Lawyers in Auckland
An Enduring Power of Attorney (EPA) ensures your wishes are followed if you become lose mental capacity.
An EPA allows you to appoint a trusted individual to make decisions on your behalf. However, this can come with risks and potential issues further down the line, if not correctly implemented at the outset.
At Evolution Lawyers, we provide expert legal guidance on creating, activating, and managing EPAs, giving you peace of mind that your future wellbeing and property is secure.
What is an EPA?
An EPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity.
This could include managing your financial affairs or making important decisions about your personal care and welfare.
Unlike a general power of attorney, an EPA continues even after you lose the ability to make decisions.
Why Do You Need an EPA?
If you want to ensure that your finances and personal care are managed by someone you trust if you are unable to make decisions for yourself, an EPA is essential.
It protects your interests and prevents the family court from appointing someone you might not have chosen to make decisions for you.
Having an EPA in place can also reduce the stress and complexity for your family members in case you lose capacity.
How to Create an EPA?
Creating an EPA is straightforward with the right legal advice.
At Evolution Lawyers, we guide you through the process of selecting an attorney and ensure all legal requirements are met.
You will need to specify the scope of your attorney’s powers and whether they cover personal care, property affairs, or both.
We can draft and prepare the documents, ensuring they are properly executed and witnessed in accordance with New Zealand law.
When does an EPA Activate?
An EPA is activated when a medical professional assesses that you are mentally incapable of making decisions for yourself. At that point, the attorney appointed can step in to manage your personal and financial matters.
As part of our service, we can help ensure the activation process goes smoothly, so that your wishes are carried out as intended.
Can You Dispute an EPA?
Yes, in certain circumstances, an EPA can be disputed.
If you believe the appointed attorney is not acting in the best interests of the person who appointed them, or if there are concerns about the document’s validity, we can help.
Our legal team can assist you in challenging or revoking an EPA through the courts, protecting the rights and welfare of all involved.
Common Issues That Arise with Enduring Powers of Attorney
Lack of Understanding
Many donors do not fully understand the extent of the powers they are granting to their attorney, particularly in cases involving property or financial matters. This can lead to misunderstandings or disputes down the line.
Attorney Misuse of Power
Attorneys may sometimes misuse their power by making decisions that are not in the best interest of the donor, especially if proper checks and balances are not in place.
Failure to Consult
Attorneys may neglect their responsibility to consult with family members or other interested parties, causing conflict or disagreements within families.
Conflicting Instructions
The donor might leave unclear or contradictory instructions within their EPA, leading to confusion about what decisions should be made on their behalf.
Lack of Regular Review
Many people do not review their EPA regularly, so the person they appointed as their welfare attorney years ago may no longer be the best choice (such as changes in relationship or trust).
Inadequate Legal Advice
Some individuals create an EPA without seeking proper legal advice, resulting in documents that are either incomplete or fail to cover necessary contingencies.
Limited Oversight
There can be a lack of oversight or accountability, as attorneys may not be required to report their actions regularly to a third party unless specifically instructed in the EPA.
Disputes Among Family Members
Appointing multiple attorneys or failing to communicate decisions with family members can lead to disputes, especially when family members feel they have been excluded from important decisions.
We Can Help You with All Matters Regarding Enduring Powers of Attorney
We offer comprehensive legal support for all aspects of enduring powers of attorney. Whether you’re creating an EPA, need help activating one, or require assistance resolving a dispute, our experienced legal professionals offer clear, practical advice every step of the way.
Contact us today to secure your future with an EPA tailored to your needs.
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FAQs About EPAs
Does enduring power of attorney continue after death?
No, an EPA ends upon the death of the person who granted it.
Who can witness an enduring power of attorney?
An independent lawyer or legal executive must witness the donor’s signature. The person witnessing cannot be the appointed attorney or a family member.
Can a beneficiary be the enduring power of attorney?
Yes, a beneficiary of your estate can also be your attorney. However, it is crucial to choose someone who will act in your best interest and avoid conflicts of interest.
Do older EPAs need updating?
Yes, older EPAs may need updating to reflect changes in New Zealand’s legal requirements. Our law firm can review and update your EPA to ensure it is current and valid.
Can you execute your enduring power of attorney yourself?
No, it is essential that the EPA is signed in the presence of an independent witness, typically a lawyer, to ensure it meets all legal standards.
Can two or more people be an attorney under an EPA?
Yes, you can appoint more than one attorney to share the responsibilities. It’s important to specify how they will make decisions – either jointly or separately.
Does the attorney have access to the donor's bank accounts as part of the EPA?
Yes, if an EPA for property is in place, the attorney can have access to the donor’s bank account. The property attorney allows the attorney to manage the donor’s financial matters, which may include access to, and control of the donor’s bank accounts, paying bills, managing investments, and handling other financial transactions on behalf of the donor. However, the extent of this access depends on the exact terms of the EPA.