how to get power of attorney nz

How do I create a Power of Attorney in New Zealand?

• 1. Choose the type of Power of Attorney you need. There are two types of Power of Attorney you can choose from: Ordinary and Enduring. The kind that ...
• 2. Outline the donor’s information.
• 3. Outline the attorney’s information.
• 4. State if the attorney will have general authority.
• 5. State if the attorney can benefit from the agreement.

Full Answer

Is my power of attorney from another country legal in NZ?

You can set up an enduring power of attorney through a lawyer or trustee corporation. You don’t need to go through the Family Court to set it up but the Family Court gets involved if any issues need to be sorted out.

What is a power of attorney and do I need one?

Mar 17, 2020 · The forms for enduring power of attorneys can be found on the Super Seniors website http://www.superseniors.msd.govt.nz/ The enduring power of attorney forms have notes which provide useful information about enduring power of attorneys. There is also further information on the Super Seniors website as well as some video clips explaining enduring …

Can a power of attorney be entered into by an Overseas Citizen?

Jun 11, 2015 · You must provide information when requested if the person making the request is a lawyer appointed by the Family Court or is specified in the enduring power of attorney. Attorney’s power to benefit. While a donor is “mentally incapable” an attorney can only act to benefit the donor, unless it is provided for or authorised by the Family Court. When creating the …

How do I set up an enduring power of attorney?

How do I create a Power of Attorney in New Zealand? You can create a Power of Attorney by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps. 1. Choose the type of Power of Attorney you need There are two types of Power of Attorney you can choose from: Ordinary and Enduring.

When did the power of attorney come into effect in New Zealand?

General powers of attorney. Before EPAs were introduced to New Zealand in 1988, it was quite common for people to sign a general power of attorney. However a general power of attorney has no legal effect if the person who gave the general power of attorney loses mental capacity (i.e. is no longer able to make decisions).

What is a general power of attorney?

General powers of attorney are useful for periods of temporary absence overseas or to allow someone to carry out a business transaction for you, butthey do not usually provide a long-term solution. You can choose how wide your attorney’s powers should be.

How often do property managers report to the court?

Property managers and welfare guardians usually have to go back to the court every three years to seek reappointment.

What is an EPA?

An EPA is an important document in which you name a person (called your attorney) who is to have power to act on your behalf and make decisions for you if you become incapacitated. In some cases, two or more people may be appointed. You are known as the donor, the person who is giving the power of attorney. The person who you appoint ...

What to do if you have not signed an EPA?

If you become incapacitated and have not signed an EPA, then the alternative is to get an order from the Family Court. The judge will not necessarily know who you rely on and who you trust to look after things for you. The judge will be reliant on the information provided to the court and will not know who among your family and friends is most able to be trusted.

Which law covers enduring power of attorney?

The Protection of Personal and Property Rights Act 1988 . This is the law which covers enduring power of attorneys. It also covers the appointment of property managers and welfare guardians by the Family Court.

Can a trustee delegate power of attorney?

There are also forms of powers of attorney signed by trustees who wish to delegate their role while overseas or physically disabled. (A power of attorney to delegate or hand over the duties of a trustee cannot be an enduring power of attorney. )

What is a power of attorney?

What is “power of attorney”? Power of attorney is an authority by which one person (the “donor”) gives authority to someone else (the “attorney”) to act in their name.

How much does it cost to prepare a power of attorney?

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. Before you sign-up, ask what the fees are likely to be.

Why is it important to select an attorney for personal care and welfare?

An attorney for personal care and welfare can’t act in relation to a significant matter unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable.

What is an enduring power of attorney?

Enduring powers of attorney can relate to property or your personal care and welfare. One attorney can act in relation to both property and care and welfare.

When did the enduring powers of attorney become mandatory?

The witnessing requirement for enduring powers of attorney was strengthened by the amendment of the Act in 2008. Your signature must now be witnessed by one of:

What are the two types of powers?

Types of power. There are two broad types of powers: “ordinary” and “enduring”. Ordinary powers are best used for temporary purposes – for example, if you’re going overseas and want someone to be able to send you cash from your accounts or to pay bills here.

How to avoid misunderstandings after being appointed by an attorney?

Once you’ve appointed an attorney, avoid later misunderstandings by making sure that close friends and family members know.

What is a power of attorney?

A Power of Attorney is a document that lets one person appoint another person to act on their behalf concerning finance, real estate, business, and more.

What are the different types of power of attorney?

There are two types of Power of Attorney you can choose from: Ordinary and Enduring. The kind that is best for you will depend on your needs.

How to revoke a power of attorney?

Revoke the Power of Attorney by giving the attorney written notice. The Family Court can cancel a Power of Attorney if it believes the attorney isn’t acting in your best interests. The court can also assign you a guardian whose authority overrides your attorney.

Why do donors need a power of attorney?

Usually, the donor will create an Enduring Power of Attorney form to protect their affairs in unforeseen circumstances. However, sometimes a donor will use this document when they’re still capable of making their own decisions but cannot do so due to travel or other circumstances.

What is a personal representative in New Zealand?

The personal representative you appoint is your attorney. The Protection of Personal and Property Rights Act, 1988 governs Power of Attorney laws in New Zealand. A Power of Attorney is also known as a/an: Ordinary Power of Attorney. Enduring Power of Attorney.

When do ordinary powers of attorney end?

Ordinary and Enduring Powers of Attorney end when the donor passes away. Authority over your property will pass to the executor of your Last Will and Testament.

How old do you have to be to be a witness to a donor's signature?

The witness to the donor's signature can't be the attorney or successor attorney. They must be at least 20 years old and either a/an:

How it works

An enduring power of attorney, also known as an EPA, is a legal document that gives someone else the authority to make decisions for you if you are no longer able to make decisions for yourself.

Why you need an EPA

If something happens to you and you do not have an EPA, your family – including your spouse or partner – would have to go to court to be able to act on your behalf. This process can be stressful and expensive for your loved ones.

What an EPA covers

There are two types of EPAs – property EPAs and personal care and welfare EPAs.

Choosing your attorneys

People often choose a family member or close friend as an attorney, but you can choose anyone who:

What are the two types of powers of attorney?

Two types of powers of attorney. Generally, there are two types of powers of attorney: “ordinary” and “enduring”. Ordinary powers of attorney are ideally used where you only need someone to attend to a specific task, such as selling a house, or handling your bank transactions while you are away or unavailable.

What is an enduring power of attorney?

An enduring power of attorney (EPA) is a document where you select another person to act for you if you become mentally incapable. The difference between an ordinary power of attorney and an EPA is that an EPA will only come into effect or “endure” if you become mentally incapable. An ordinary power of attorney is suspended if you become mentally ...

What is an EPA?

With regard to an EPA, there are two different types: One for how you would like your money and everything that you own, looked after and managed – a property EPA; One for how you would like to be looked after if you become unable to do so yourself – a personal care and welfare EPA.

Can a property attorney make a will?

You can even record that your property attorney has the capacity to make a will on your behalf or change an existing will. It is entirely up to you. You can also stipulate that your property attorney consult other persons, such as close family members, before making certain decisions. In addition, you can require your property attorney ...

Can you cancel an EPA?

If, at any stage, you become uncomfortable having a property attorney handle your affairs, you have the right to cancel or change the conditions of the property EPA at any time. You will need to decide whether you allow your property attorney to have full or partial control over your money and everything you own.

Who must witness an EPA?

For example, when you have drawn your EPA, your signature will need to be witnessed by a lawyer, a qualified legal executive or an authorised officer or employee of a trustee company.

Can a personal care attorney make decisions regarding your care and welfare?

The personal care attorney would not be able to make any legal decisions regarding your personal care and welfare, such as which hospital or home you should go to, until they had received the necessary certificate from a health practitioner that is qualified to assess mental incapacity, certifying that you were mentally incapable. However, if you wish, you can specify in your EPA another type of health practitioner to undertake your mental assessment. You can allow the personal care attorney to act on all relevant care and welfare matters or only in respect of matters you specify. For example, you may want to indicate your preferential choice of hospital or residential home. In addition, you can require them to consult other persons, such as close family members, before making certain decisions, which may be important to you. You can also insist that your personal care attorney provide information on the exercise of their powers under the personal care and welfare EPA to another person you specify.

What is a power of attorney?

A Power of Attorney is a legal document that one person (a 'donor' or 'principal’) gives to another person or company to act on their behalf (the 'attorney'). A Power of Attorney may give the attorney wider powers over the principal’s affairs than an Authority to Operate. The Power of Attorney document is usually prepared by a solicitor.

Who prepares a power of attorney?

The Power of Attorney document is usually prepared by a solicitor. There are two types of Power of Attorney – a Standard (or ‘Ordinary’) Power of Attorney and, an Enduring Power of Attorney.

How to lodge a power of attorney with ASB?

How to lodge your Power of Attorney with us. 1. Visit an ASB branch with your Power of Attorney document. It's a good idea for both you and your attorney to come into a branch together. If you're unable to come because you're incapacitated, then your attorney can come on their own.

What is an authority to operate?

An Authority to Operate is typically used when an ASB customer gives someone authority to operate their accounts in their absence. So if this was you, you could authorise another person to operate your account on your behalf if, for example, you were overseas for a long period of time. Check out the simple process below.

Why is my power of attorney cancelled?

There are other reasons a Power of Attorney might be cancelled, such as the death of either party or bankruptcy of an attorney. Please contact us if you have any questions.

When can you make an enduring power of attorney?

You can structure an Enduring Power of Attorney to take effect immediately or in the event you become incapable of making decisions.

Why is the Authority to Operate cancelled?

There are other reasons an Authority to Operate might be cancelled, such as the death of the original account holder.

What is a power of attorney?

What is power of attorney? When you give someone power of attorney, you give them the legal right to act on your behalf in relation to one or more aspects of your life eg, your finances, property, or healthcare. There are two types of power of attorney - ordinary or general power of attorney, and enduring power of attorney.

What are the two types of power of attorney?

There are two types of power of attorney - ordinary or general power of attorney, and enduring power of attorney.

What is the power of EPA?

There are two types of EPA: one that gives someone the power to make decisions about your health and welfare (which only takes effect if and when you lose your mental capacity ); and. one that gives someone the power to make decisions about your property (which you can choose to give while you still have mental capacity).