How To Activate a Power of Attorney NZ
What is Power of Attorney?
A power of attorney or letter of attorney is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor.
How To Activate a Power of Attorney NZ
The certificate of incapacity completed by the doctor will need to be provided to the lawyer. Upon receipt of the certificate, the law firm holding the original document will note that the EPOA has been activated, and will release certified copies to the attorney.
Frequently Asked Questions
How do I set up power of attorney in NZ?
To set up an EPA you will need legal advice; this could be from a lawyer, a legal executive or an authorised officer of a trustee company. When you make an EPA you must use the standard forms set out in the PPPR Act, otherwise they will not be valid. Legal advisers will have these forms.
What is the difference between power of attorney and enduring power of attorney NZ?
An ordinary Power of Attorney is typically used for short-term or specific purposes, while an EPA is used for long-term purposes, such as appointing an agent to make decisions related to property, personal care, and welfare in the event of the donor’s loss of mental capacity.
How much does it cost to set up an EPA in New Zealand?
EPAs cost around $300 to $500 to complete. Although you can get the documents at little or no cost (see below), they need to be signed in front of an “authorised witness” (usually a solicitor) who must advise the Donor and sign a certificate, which they will charge for.
What is the power of attorney Act New Zealand?
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.
Who can witness power of attorney NZ?
The signature of each attorney (and successor attorney) you appoint needs to be witnessed by someone other than you or your witness. The witness must be an adult and should not be a relative of the attorney or of the attorney’s spouse or partner or live at the same address as the attorney.
What happens if you don t have an enduring power of attorney nz?
If you do not have one set up and you are not able to manage anymore, your family would need to apply to the Family Court to have someone appointed as a welfare guardian. This can be expensive and time-consuming and the Court may not appoint the person you would have chosen.
How do I revoke a power of attorney NZ?
If you choose to remove an attorney or cancel your EPA
While you are able to make decisions, you can cancel your EPA or remove an attorney at any time by giving written notice to the attorney. You should also give notice to any successor attorneys.
What is the role of EPA NZ?
Our work is all about protecting the environment and enhancing a safe and sustainable way of life, and future, for all New Zealanders. We are a Crown Agent established under the Environmental Protection Authority Act 2011. We balance social, economic, safety, and environmental factors in everything we do.