Fortune Manning Explain Enduring Powers of Attorney

Most people realise the need for a Will to order their affairs. However, it is equally important to make arrangements for your affairs to be managed if by accident, illness or the ageing process, you become incapable of doing so.

In the absence of proper arrangements those left to deal with the administration of the personal affairs of an incapacitated relative, family member or friend face a distressing task often more difficult than dealing with the affairs of someone who dies without a Will.

It is important that you speak with your family and/or significant other people in your life about what will happen if you, or an older person in your family, needs care and assistance. This may not be an easy talk to initiate; it is hard to discuss the possibility of your own declining health or that of someone you are close to. But it is important for family to think about what might happen and consider the best way to handle change before it is forced upon them.

If you are concerned that you, or someone in your care, will become unable to manage property and finances, it is advisable to appoint a trusted person to protect your or their personal and property rights. Fortune Manning can assist you in making Enduring Powers of Attorney which appoint trusted persons to act on your behalf. Those people who are not able to make Enduring Powers of Attorney because of existing incapacity can have orders made under the Protection of Personal and Property Rights Act 1988 on application to the Family Court appointing a welfare guardian and/or a property manager.

Of course, making an Enduring Power of Attorney while you are still competent gives you the choice and removes the hassle and expense of family or friends having to make relatively expensive applications to the Family Court when mental capacity is lost.

Fortune Manning have articles on Enduring Powers of Attorney and Advance Directives on their website, and for more information on advisory planning, wills NZ and estate planning please go to www.fortunemanning.co.nz .