how to draft a n enduring power of attorney

How to Write an Enduring Power of Attorney

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How much does it cost to set up an enduring power of attorney NZ?

If you use a trustee company to prepare an enduring power of attorney, charges start from around $150 to $290 depending on the company. If you use a lawyer, fees will usually be based on an hourly rate or a task-based rate.

Who can witness an EPA in NZ?

When you sign the EPA, your signature must be witnessed by a lawyer, a qualified legal executive or an authorised officer or employee of a trustee corporation who is independent of the attorney. That witness must give you an explanation of the effects and implications of the EPA and advice on certain matters.

Can I write my own power of attorney BC?

You must sign the power of attorney in the presence of a lawyer or notary (and the lawyer or notary must also sign), and you must register the power of attorney at the land title office and comply with other legal requirements.

What are the disadvantages of an EPA?

The Cons…A recent discussion paper identifies a number of ways in which EPA's can be misused, including:EPAs being executed by donors who are already mentally incapacitated;Embezzlement of the donor's funds;Donees helping themselves to, or disposing of the donor's property without the donor's knowledge or consent;More items...•

Who can witness a EPA?

Witnesses – Your signature has to be witnessed by either a lawyer, a qualified legal executive with at least one year's experience (they must be working for and directly supervised by a lawyer), or someone from a trustee company like Public Trust.

Does an Enduring Power of Attorney need to be notarized in BC?

Signing an enduring power of attorney Under section 16, you must sign the enduring power of attorney in front of one witness if they are a BC lawyer or notary public. Otherwise you need two adult witnesses. The witnesses must sign it in front of you and each other.

What is the difference between a power of attorney and an Enduring Power of Attorney?

The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,• an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.

Do enduring powers of attorney need to be registered?

Contrary to the Lasting power of attorney (LPA), the enduring power of attorney (EPA) does not need to be registered in order to give your attorney(s) the authority to act on your behalf.

Who can witness a Power of Attorney?

An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor. Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys. Signatures can't be witnessed online and must be done in person.

Who can witness a signature NZ?

Generally, a witness in New Zealand is someone that is:18 years old or over;of sound mind;not under the influence of any drugs or alcohol;not a party to the agreement or has a financial interest in it; and.not a beneficiary if the document is a trust or self-managed superannuation fund.

Can a family member override a Power of Attorney?

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian.

What is the difference between Power of Attorney and Enduring Power of Attorney?

The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,• an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.

What is the difference between a durable power of attorney and an enduring power of attorney?

A durable power of attorney and an enduring power of attorney is similar. Both of them are executed in anticipation of the principal’s future incap...

Who can I appoint as my agent in an enduring power of attorney?

You can appoint anyone you trust the most as your agent in an enduring power of attorney. They can be your friends, family members, relatives, or a...

Is an enduring power of attorney similar to a springing durable power of attorney?

While both these instruments stay valid in the event of a principal’s incapacity, they differ in terms of when each instrument takes effect. A spri...

What are powers granted by an enduring power of attorney?

An enduring power of attorney grants an agent the authority to act, decide, and participate on important matters on behalf and of the best interest...

How many witnesses should I have for an enduring power of attorney?

Typically, an enduring power of attorney only needs to be witnessed by at least two people. But, this may vary depending on your state’s requiremen...

Should I appoint different attorneys for care and welfare and for property?

Protection of Personal and Property Rights Act 1988, ss 99, 99A If you want you can appoint the same person to be both your attorney for personal c...

Requirements for creating a legally valid EPA

In September 2008 new and additional requirements were introduced for making a legally valid enduring power of attorney. This section of the chapte...

Do I need a lawyer if I want to create an enduring power of attorney?

Protection of Personal and Property Rights Act 1988, s 94A You’re not legally required to have a lawyer, as your witness for the EPA can be eithe...

Optional provisions you can include in your EPA

Protection of Personal and Property Rights Act 1988, ss 97, 99A, 99B, 107 There are some issues that an EPA must deal with – for example, an EPA...

Information to include in property EPA

Protection of Personal and Property Rights Act 1988, s 97 When you make an EPA for your property, you should tell your EPA decision-maker what...

What is the difference between a durable power of attorney and an enduring power of attorney?

A durable power of attorney and an enduring power of attorney is similar. Both of them are executed in anticipation of the principal’s future incapacity, both also take effect upon signing and execution, and is not affected or revoked if the principal becomes incapacitated. The only difference between these similar instruments is that Americans commonly use a durable power of attorney while British Commonwealth countries use the latter.

Who can I appoint as my agent in an enduring power of attorney?

You can appoint anyone you trust the most as your agent in an enduring power of attorney. They can be your friends, family members, relatives, or anyone competent enough for the role. An enduring power of attorney doesn’t extinguish if you become incapacitated. So make sure that the person that you appoint as your agent only acts to your best interest.

Is an enduring power of attorney similar to a springing durable power of attorney?

A springing durable power of attorney usually “springs” into effect only in the event the principal becomes incapacitated. An enduring power of attorney, on the other hand, takes effect immediately after the instrument has been signed and executed.

How many witnesses should I have for an enduring power of attorney?

Typically, an enduring power of attorney only needs to be witnessed by at least two people . But, this may vary depending on your state’s requirements and regulations on executing a power of attorney. Be sure to check on them just to be sure.

What is an enduring power of attorney?

An enduring power of attorney grants an agent the authority to act, decide, and participate on important matters on behalf and of the best interest of the principal. These powers are listed as follows. Banking. Lending/Borrowing.

How to protect your estate?

The only way to protect and secure the well being of our estate is to appoint someone to handle them on our behalf. And by executing an enduring power of attorney , we not only ensure the survival of our estate but also secure our interests as well.

What is the principal's agent?

The principal’s agent will be primarily responsible for looking after and handling the principal’s estate during its incapacity. The agent will also be given the authority to decide on the principal’s medical and financial matters and can be revoked by the principal for any reason. Lastly, an enduring power of attorney also needs notarization ...

What is an enduring power of attorney?

An enduring power of attorney is a legal document that lets you appoint someone to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both. This person is called an attorney. The power endures - or continues - if and when you are unable to make decisions.

What is jointly and severally?

jointly and severally — they can make decisions together or independently (for example, either all sign any document, or one attorney alone can sign any document) severally — they can make decisions independently (and one attorney alone can sign any document).

How many witnesses are needed for an enduring power of attorney?

Two adult witnesses are required for an enduring power of attorney appointment.

Why is it important to choose an attorney?

This is because you are giving them the power to make important decisions for you at a vulnerable time of your life.

How old do you have to be to get a power of attorney?

You can make an enduring power of attorney if you are aged 18 years or older and have decision-making capacity to do so.

What is the power of attorney act?

The Powers of Attorney Act 2014 states that each page, other than the last page, of the copy must be certified by the authorised person to the effect that the copy of that page is a true and complete copy of the corresponding page of the original form.

How to reduce the risk of things going wrong?

There are steps you can take to reduce the risk of things going wrong. One way is to involve other people in the use of the power (for example, by appointing more than one attorney or by requiring your attorney to provide information to a trusted person).

What are some issues that an EPA must deal with?

There are some issues that an EPA must deal with – for example, an EPA for property must state whether your EPA decision-maker (attorney) can start making decisions on your behalf immediately while you’re still “mentally capable”, or whether they can do this only if and when you lose your “mental capacity”.

What is the Protection of Personal and Property Rights Act?

Protection of Personal and Property Rights Act 1988, ss 94A, 95, 112; Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008. To be valid, your enduring power of attorney has to meet these requirements: The right form – You have to use a particular form when you make your enduring ...

What is an enduring power of attorney?

Enduring powers of attorney: Planning ahead by choosing someone to make decisions for you. Overview of EPAs. When your EPA attorney can start making decisions for you. Choosing someone to be your decision-maker (“attorney”) under an EPA. How to create an enduring power of attorney (EPA) Your EPA attorney's powers and duties.

When making an EPA for your property, should you tell your EPA decision-maker?

When you make an EPA for your property, you should tell your EPA decision-maker what you own, where your possessions and documents are kept, and what your exact wishes are.

When is the EPA emergency period?

For the COVID-19 emergency period (24 April to 24 September 2020) there are less strict rules around signing your EPA, so that the signatories (you, your attorney and the witnesses) are allowed to be in different places.

Can an attorney benefit from an EPA?

Benefits for the attorney – If you make a property EPA, you can say whether your attorney is allowed to do things that will benefit them financially or benefit some third person . With some exceptions, attorneys can’t benefit themselves or other people if the EPA doesn’t specifically allow this.

Who assesses mental capacity?

Who’ll assess your mental capacity – Your EPA can specify the particular type of health professional who’ll do the assessment, such as a geriatrician (a doctor who specialises in the conditions that commonly affect older people), so long as it’s an area of practice that includes assessing people’s mental capacity.

What does enduring power of attorney mean?

What does ‘enduring power of attorney’ mean? If someone grants you enduring power of attorney, you have the authority to make legal or financial decisions for them if they become unable to make decisions on their own. For example, you can sign documents, deal with their financial affairs or buy things on their behalf.

How to register an enduring power of attorney?

As soon as you’ve informed the appropriate people using the notification form EP1PG, you can fill out the registration form EP2PG, ‘Apply to register an enduring power of attorney’. You’ll be sending this to the Office of the Public Guardian.

What is an EPA donor?

For example, you can sign documents, deal with their financial affairs or buy things on their behalf. When someone uses an EPA to give you power of attorney, that person is called the donor, and you are their attorney.

What are the requirements for EPA?

The family members you tell must be over 18 and of sound mind. They should be the first three who meet those requirements from this list: 1 The spouse or civil partner of the person who made the EPA (the donor). 2 The donor’s children (biological or adopted, but not stepchildren). 3 The donor’s parents. 4 The donor’s siblings or half-siblings. 5 The widow, widower or surviving civil partner of any of the donor’s children who have died. 6 The donor’s grandchildren. 7 The donor’s nephews and nieces born to full siblings 8 The donor’s nephews and nieces born to half-siblings. 9 The donor’s aunts and uncles. 10 The donor’s first cousins.

When do you need to register an EPA?

If the person who appointed you as their attorney begins to lose their ability to make decisions, you need to register their existing EPA in order to get enduring power of attorney. To be valid, the EPA must have been created before 1 October 2007.

How long do you have to register an EPA?

When you’re registering the EPA, you’ll be asked for this date. Once they’ve received the form, the people you’re telling have 35 days to object to the registration, but you can submit your registration as soon as you’ve told them; you don’t have to wait.

What to do if you can't get in contact with the right people?

If you can’t get in contact with the right people, or if there aren’t enough living relatives for you to notify three of them, tell the Office of the Public Guardian when you send in the registration form (see below).

What happens if an EPA is unregistered?

If the EPA is unregistered it won’t have these stamps, but must still have been signed inside by all of the following: the donor. one or more ‘attorneys’ (the people the donor appoints to make decisions) witnesses. The sample EPA included here is stamped, and the stamps and signatures are shown circled in red.

How to tell if an EPA is registered?

You can tell if the EPA is registered by looking at the front page of the document, where you’ll find: a perforated stamp at the bottom saying ‘Validated’.

When is an EPA valid?

To be valid, the EPA must have been signed before October 2007, when EPAs were replaced by LPAs. If the EPA was signed after this date, it is invalid.

What order should you tell your family members to donate?

You must try to tell the family members in this order: donor’s children (including adopted children but not including stepchildren) donor’s brothers and sisters (including half-brothers and half-sisters) donor’s nephews and nieces (children of the donor’s full brothers and sisters)

What to do if you can't find someone's address?

You must do all you can to find the people you’re telling. If you cannot find their address, or if there are not 3 relatives alive, tell the Office of the Public Guardian when you apply to register.

How long does it take to get an EPA?

The EPA will usually be registered between 8 and 10 weeks after you sent the application form and told the family members. It will take longer if one or more of the family members object.

How long do you have to object to a registration?

People who you tell can object to the registration. They have 35 days to object from when they get the form.

When do you need to register an enduring power of attorney?

You must register the enduring power of attorney ( EPA) as soon as the donor starts to lose mental capacity. Tell the donor, their family members and other attorneys you intend to register the EPA. Apply to register the EPA. Pay the fee.

How old do you have to be to donate to a charity?

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

Do you have to tell all the people in a category?

You must tell all the people in a category if you tell one of them, eg if 1 of the 3 relatives you’re telling is a grandchild and the donor has 15 other grandchildren, you must tell all 16 of them . If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.