Do You Need an Enduring Power of Attorney and What Are They All About?
The brand new Enduring Power of Attorney Forms have just come out from the Ministry of Social Development. Now’s a good time to think about who you would like making decisions for you if you can’t.
Enduring powers of attorney (EPAs) ensure you have the right person looking after your affairs while you are in the land of the living, but not able to make decisions for yourself. EPAs are something that will make it easier for your loved ones to help you if you are incapacitated by illness, an accident and are no longer ‘mentally capable’ of making important decisions for yourself.
Without an EPA put in place while everything is ok, your family would have to go to Court to get the power to make sure your bills get paid, and to make important care decisions for you.
EPAs are a simple document to put in place. Some of the benefits include:
• getting to choose someone you trust and having the chance to talk to them about it now;
• you can provide for them to consult with others before making decisions, or provide someone else with information about the things they do;
• you can have one person who makes decisions for your personal care and welfare, and one or more others who deal with your property.
New, easy to follow EPA forms have just come out, and the Ministry of Social Development’s snazzy looking website Super Seniors has lots more information about EPAs, advice, and the forms themselves. The link is superseniors.msd.govt.nz...
EPAs can be revoked at any time by giving your attorney (the person you appoint) notice, and if you have a temporary period where you are incapacitated, you can take back the reins. Your property EPA can come into force before you are mentally incapable if you want it to e.g. if you would rather not have to worry about paying bills and you have a son or daughter who would happily take care of that for you.
There are other safeguards too in that your attorney’s overriding concern must be the promotion and protection of your welfare and best interests. They must try and encourage you to make your own decisions to the extent you are able and seek your advice where possible.
There are limits to what your attorney can do under an EPA – such as refuse consent to standard medical treatment or a procedure intended to save your life, adopt out your children (whew), or make a decision about your marrying or getting a divorce. If you would like to make decisions now about future medical treatment, say if you are in a serious accident, you can look at doing an Advance Directive, which is a non-binding expression of your wishes that may help your family and doctors making difficult decisions about your care. You can find an example of Advance Directives on the New Zealand Medical Council website.
EPAs have to be signed in front of a lawyer, a suitably qualified legal executive, or an authorised officer of a trustee corporation and that witness needs to give you advice on the effect and implications of the document you are signing.
It’s all pretty straightforward though, and you can even download the forms and advice first so you know exactly what you would like to do before you go and see your lawyer.
Henderson Reeves offers a special package for EPAs (one property and one personal care and welfare for one person $450, or $700 for two people, both plus GST and any disbursements). We also offer great discounts if you are doing EPAs and wills together, and a 10% discount for Super Gold Card members.
Taina Henderson and Shelley Funnell are your local, friendly and entirely mobile lawyers with the backing of a full service law firm of over 30 years standing. We’d love to hear from you.
You can contact us on 09 281 3723, or Taina on 027 537 9222 and Shelley on 027 537 9221.
Poll: Should all neighbours have to contribute to improvements?
An Auckland court has ruled a woman doesn’t have to contribute towards the cost of fixing a driveway she shares with 10 neighbours.
When thinking about fences, driveways or tree felling, for example, do you think all neighbours should have to pay if the improvements directly benefit them?
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81.9% Yes
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16% No
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2.1% Other - I'll share below
Do Your Duty & Be Quiet - Day 6
Apologies for the delay, busy morning. Here is today's one :)
In a small rural town in the heart of New Zealand, there was a local washer named Hemi, who worked hard washing the laundry for the people in the community. He owned a well-behaved dog called Kahu and a sturdy old horse named Tahi.
Every day, Hemi would load Tahi with heavy bundles of dirty laundry and make the long trek down to the river to wash it. The river, known as the Whanganui, was a calm and peaceful place where Hemi could get the washing done while Tahi grazed nearby. After washing the clothes, Hemi would hang them on the riverbank to dry under the sun.
Once the clothes were dry enough, Hemi would load them onto Tahi’s back and head back to his home. There, he would hang the clothes on the lines outside to dry even further before folding them and returning them to the owners in the town.
Kahu, the dog, had a different role. While Hemi worked on the laundry, Kahu would patrol the property and keep an eye out for any would-be thieves or anyone trying to steal the clothes as they dried. Kahu would bark loudly at any suspicious person, ensuring the laundry was safe.
Hemi’s job was to wash the clothes with care and attention to detail, while Tahi’s job was to carry the heavy load to and from the river. Kahu’s task was simply to guard the laundry while it dried. Hemi made sure to feed Tahi and Kahu for their hard work. However, he had a tendency to favour Tahi more because, after all, Tahi was the one doing the heavy lifting. Kahu, on the other hand, only had to bark from time to time, so Hemi fed Kahu a little less than he fed Tahi.
Kahu, feeling neglected and underfed, grew increasingly irritated. One evening, as Hemi was asleep after a long day of work, a thief crept into the yard to steal some of the drying clothes. Kahu saw the thief, but instead of barking as usual, he decided to keep quiet in retaliation for the lack of food and attention. Tahi, on the other hand, saw the thief too, and began to bray loudly, trying to alert Hemi.
But Hemi was sound asleep, and the braying of the horse only annoyed him. In his frustration, Hemi rushed outside and, in the dark, mistook Tahi’s braying for a nuisance. He lashed out at Tahi in anger, thinking the horse was causing trouble. Tragically, in his fury, Hemi struck Tahi so hard that the old horse collapsed and died.
The next morning, Hemi was devastated. He found the clothes had been stolen, and his beloved Tahi was dead. Kahu, still hungry and upset, hadn’t barked as he should have. Hemi now realized the true cost of his actions: by not feeding Kahu properly, he had neglected his duty as a master and created a situation where everyone suffered. The townspeople no longer trusted him, and he had lost the loyalty of his dog, as well as the service of his hardworking horse.
Moral of the Story:
In life, everyone has their role and responsibility. Just as a horse is meant to carry loads and a dog is meant to guard, it’s important to recognize and respect the contributions of others. If you neglect those who help you, or fail to fulfill your own responsibilities, you risk upsetting the balance and causing harm. Do your duty with care, treat others with fairness, and don’t interfere with roles that don’t belong to you. When everyone does their part quietly and without complaint, things will run smoothly, and you’ll avoid unnecessary troubles.
Poll: When should the tree go up? 🎄
From what we've heard, some Christmas trees are already being assembled and decorated.
What are your thoughts on the best time to get your Christmas tree up?
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4.9% Second half of November
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44.4% 1st December
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16.8% A week before Christmas
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32.6% Whenever you wish
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1.2% Other - I'll share below
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