Elder Law and Enduring Power of Attorney in New Zealand
Elder Law is a special area of law that focuses on the legal needs of older people. In New Zealand, this includes helping them with important decisions about their health, finances, and living arrangements. One key part of Elder Law is the Enduring Power of Attorney (EPA).
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that allows someone to make decisions on behalf of another person if they can no longer do so themselves. This is especially important for older people who may face health issues that affect their ability to make decisions.
Why is it Important?
Having an EPA in place ensures that your wishes are respected, even if you become unwell. For example, if an elderly person has an accident or develops dementia, their appointed attorney can manage their finances, pay bills, and make healthcare decisions according to their wishes.
How Does it Work?
To set up an Enduring Power of Attorney, the person (known as the donor) must be mentally capable and over 18 years old. They choose someone they trust (the attorney) to act on their behalf. This could be a family member, a close friend, or a professional. The donor can specify what decisions the attorney can make, such as:
- Managing bank accounts and paying bills
- Making decisions about medical treatment
- Handling property and assets
Getting Help
It is wise to seek legal advice when creating an Enduring Power of Attorney. A lawyer who specialises in Elder Law can help ensure that the document is set up correctly and meets all legal requirements. They can also provide guidance on how to choose the right attorney and what responsibilities they will have.
Conclusion
Elder Law, particularly the Enduring Power of Attorney, is essential for protecting the rights and wishes of older New Zealanders. By planning ahead, individuals can ensure that their needs are met and their voices are heard, even when they may not be able to speak for themselves.