If you don’t have an EPA in place before someone loses capacity, you will not be able to immediately get on with managing their personal care and welfare or property (depending on the EPA in place). If an EPA is not already signed before capacity is lost, then applications to the court would need to be made to become a welfare guardian or property manager or property administrator. You can find out more about these roles here:
RECOMMENDATION: We recommend that all adults over 18 years of age who have capacity have an Enduring Power of Attorney in place for the personal care and welfare, and for property in case of loss of capacity, because this can happen to anyone at any point in time. It gives the donor the power over what they want to happen in these circumstances, rather than leaving it to the Court to decide.
The People First NZ Easy Read resource below can help disabled people who have capacity considerations to understand what an Enduring Power of Attorney is about, and possibly develop the capacity to make an EPA.
People First: Protect your future with an Enduring Power of Attorney
