Enduring Power of Attorney Lawyer on the North Shore – Help and Advice
Introduction
An Enduring Power of Attorney (EPA) is a legal instrument where you appoint someone you trust to make decisions on your behalf in case you become mentally incapable of doing so. The powers can cover medical or financial decisions. It might be tempting to do this yourself using documents available online, there are compelling reasons to work with an Enduring Power of Attorney lawyer on the North Shore.
1. Ensuring Legal Validity
With any legal document it is sensible to have it either written by, or reviewed by a practicing Enduring Power of Attorney lawyer on the North Shore. Given the importance and potential risks from a wrong decision, or action in bad faith, it makes sense to spend the small extra amount to get things right. Further, to avoid any potential disputes, and for the EPA to be recognised by authorities, banks. Medical staff, etc. it must meet strict legal requirements. An experienced lawyer will make sure that the document is correctly drafted, witnessed, and executed. Errors or omissions can make your EPA invalid, which can potentially leave you unprotected at the time that you need it most.
2. Tailoring the EPA to Your Needs
Each person’s circumstances are different. A North Shore lawyer with experience in preparing EPAs can tailor your Enduring Power of Attorney to reflect your specific needs and desires. These might be setting out exactly what powers the person will have, including any restrictions that might apply, and when those powers come into effect.
For example, your EPA might state who can handle your property and personal welfare if you become unable to make decisions. This might be due to ill health, a medical emergency, diminished mental capacity, and other situations. A carefully drafted Enduring Powers of Attorney can negate the need to apply to the court for orders for Protection of Personal Property Rights.
3. Avoiding Family Disputes
Often when a parent, child, or sibling becomes unable to make decisions, disputes arise within the family. Some may not agree with a joint decision, while others might not trust someone to handle finances responsibly. These disputes add to an already emotionally difficult time.
If you have a binding EPA, written and witnessed by a lawyer, then the room for dispute is vastly diminished. Further, lawyers will have worked on many EPAs before and are aware of many more potential issues than the average family member. Therefore, they can advise suitable paths, actions, and timelines. This gives clarity to your wishes and ensures they are documented to minimise the risk of disputes, confusion, or challenges by others.
4. Explaining Your Options Clearly
In New Zealand, there are two main types of Enduring Powers of Attorney: one for property and one for personal care and welfare. A local North Shore EPA lawyer can clearly explain what each cover and under what conditions they should become effective.
5. Providing Peace of Mind
When you know you have a legally binding EPA to cover your finance or health, or both, this can give you peace of mind from two perspectives. You know that your wishes will be undertaken correctly. Secondly, the risk of infighting in your family will be minimised.
6. Keeping Up with Legal Changes
As with any legal document, it is a good idea to have it reviewed regularly. Laws and requirements can be changed which is something that the average person in the street will not be paying attention to. When your EPA work is handled by a lawyer, they can advise you of any changes that may affect your intentions and adjust your EPA accordingly so that it remains valid and effective.
Conclusion
An Enduring Power of Attorney is arguably the most important legal document of your life. It becomes null and void upon your death, but if you are incapacitated in any way, the EPA can make life so much easier, and less expensive without having to resort to the courts for simple decisions.
Hiring an Enduring Power of Attorney lawyer on the North Shore is possibly the most effective investment you can make given the huge costs savings it will make. To ensure that your care and wishes are carried out while you are alive, hiring a law firm like McVeagh Fleming, to draft and then handle your EPA is an essential action to take. It will give clarity to you, and your family, and offer the protection everyone deserves.
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