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  • DG Law Limited

13 Queens Road
Panmure
Auckland
New Zealand

mail@dglaw.co.nz
Telephone: 09 5745316
Fax: 09 5709529
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ENDURING POWERS OF ATTORNEY

There are two types of Enduring Powers of Attorney:

1. PERSONAL CARE & WELFARE

This allows your attorney to act in relation to your personal care and welfare only once you have lost your mental capacity. You can only appoint one attorney in relation to your personal care and welfare.

2. PROPERTY

This relates to all your property not just "land" or "real estate" which you may own. You can appoint more than one attorney in relation to your property.

WHEN DOES IT TAKE EFFECT?

You can choose whether the Power of Attorney is to take effect:

  • Only if and when you lose your mental capacity; and
  • Immediately. This is, before you lose your mental capacity. In effect your Enduring Power of Attorney would act like an ordinary Power of Attorney until such time as you lose your mental capacity.

WHAN CAN THE ATTORNEY DO?

In relation to both types you can choose whether:

  • Your attorney acts generally in relation to your personal care and welfare and property; and
  • To limit what your attorney can do on your behalf. You can limit, what property and what matters relating to your personal care and welfare you wish your attorney to have authority to act in relation to. You can also impose conditions and restrictions on what your attorney can do.

IMPORTANT NOTICE

It is important you understand if you give a general power to your Attorney:

  • Your attorney is able to assume complete authority over your affairs; and
  • Your attorney will in general be able to do anything with your property which you yourself could do.

It is very important you choose your attorney carefully and it is someone who is responsible and whom you can trust.

You can being your Enduring Power of Attorney to an end at any time provided you have not lost your mental capacity. Once you have lost your mental capacity your Enduring Power of Attorney can only come to an end by order of the Court.