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Power of Attorney

A power of attorney allows a person who is mentally capable to appoint another person to act on his or her behalf.

Enduring Power of Attorney:

An enduring power of attorney has wide powers and is not revoked when a person becomes mentally incapable.  There are two types of enduring power of attorney one for personal care and welfare and the other for property matters.  Two or more attorneys may be appointed for property matters but only one attorney can be appointed for personal care and welfare.  The same attorney can be used for each matter.

We strongly recommend that clients look at appointing an attorney under an enduring power of attorney as well as making a will.

General Power of Attorney:

A power of attorney may be used if a person is traveling overseas and he or she wants someone to act for them while they are away.  The general power of attorney ends when the donor or person who made the appointment, returns to New Zealand ,  becomes mentally incapable, revokes the power of attorney in writing or dies.

To enable another person to run a business on behalf of another person, a corporate power of attorney may be required.

Other power of attorneys to consider – irrevocable power of attorney and trustee’s power of attorney.