We’ve partnered with Public Trust, New Zealand's largest provider of wills and estate administration services to provide our Members, access to their new online platform that makes it easy to get a will and enduring power of attorney. We also invited them to our Goodtoknow webinar to help our Members understand more about wills and EPAs and how they can help. If you want to watch the recording of our webinar with Public Trust, please click here.
As a part of the webinar, we also asked the Public Trust Team to provide answers for all questions we received about EPAs from the webinar so read below:
1. Should I set up powers of attorney at the same time as making a will?
We recommend any adult has a will and enduring power of attorney for property and personal care and welfare and both are regularly reviewed.
2. I was my Dad's EPA for property but now he has a new partner who I don't get along with unfortunately. We now share this role and I wonder how that will work if it has to be enacted?
That’s a difficult situation for you. I would suggest a starting point being having a conversation with your dad as to how he sees the attorney carrying out their duties. This may involve him wanting to update his EPA/s or providing accompanying directions.
3. What about a back up executor or EPA?
Great idea - this supports longevity of the document. If you don't have anyone suitable as your back-up property attorney, you may want to explore the option of requesting Public Trust to be the back-up attorney.
4. I see under "who should I choose" on the EPA for personal care and welfare slide, that it says "they should be someone who lives nearby". Could you elaborate? If the person elected for welfare is moving to Australia, would this be ok, or is it recommended to have someone closer?
The primary point is that your enduring power of attorney needs to be accessible to ensure that you needs are being met. This could in regard to the legal and financial needs e.g. does your house/rental need to be cleared/sold and you moved to environment were you can be cared for i.e. which is the best care provider that meets your needs.
5. In terms of EPA, do we need to explicitly specify our spouse?
Yes if you wish them to act- a spouse does not have an automatic right to act on your behalf in legal matters. An attorney should be someone who is trusted to act in your best interests as they are able to do exactly what you are able to do with your assets.
6. When does an EPA come into effect. Can you stipulate when it can be used?
You are correct that it is your choice when the document comes into effect, it is one of the considerations you make when putting the document in place and should be discussed with your adviser.
7. We often see the EPA comes into play when the person is 'mentally incapable' which does create heaps for problems having this being enacted. Any advice?
If the EPA is being activated because someone has lost their mental capacity, there should be a medical certificate from a recognised practitioner to confirm this.
8. Can an EPA holder act against the written will?
The attorney should be cognisant of the terms of the will of the donor so that they act to perhaps preserve the intended outcome. This is not always possible as assets may need to be realised to look after the donor during their lifetime. Sometimes the attorney may look to the court for direction. If the EPA allows it, the court may give instruction to prepare a new will on behalf of the donor.
9. Can you have 2 people nominated to work together appointed as your EPA? For example 2 sons?
Yes, under the property document you can appoint one or more than one to act jointly or severally as you wish. You need to always consider the practicalities of any arrangement you put in place. The document relating to your welfare can have only one attorney acting but can provide for a back up attorney.
10. Can you put your minor kids as your EPA?
No, minor children cannot be appointed.
11. Where is the EPA kept? Is it in hardcopy at home or is it kept in soft copy by a trust?
It is a hard copy and should be kept in a safe place, ideally away from the home.
12. Is one EPA enough for everything or needed separate EPA for each thing?
You usually put in place a property EPA to deal with things in general with guidance from the donor, however it is possible to put in place a document for a specific asset or event. It is not recommended to have more than one document as it can be confusing for all involved.
13. Is there a fee or requirement to apply for EPA?
Fees and charges - Public Trust – this link might be helpful.
And please remember your special discount offer as HealthCarePlus members. To find out more, please click below.
20% OFF
If you have any more questions about EPAs, please use the comment section below to send them to us. We will work together with Public Trust to get the answers and add them to this blog.
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