What can your Attorney do?

It is very useful to appoint a Power of Attorney to handle your affairs on your behalf if and when you are unable to do so yourself.  Your Attorney can sign your cheques, cancel your insurances, and even sell your home.  Your Attorney can manage your affairs if your health deteriorates, or if you go overseas and it is too complicated to manage your own affairs from wherever you are living or holidaying.

Many people think that their partner will be able to step in automatically, but that is not the case.  Even if you have been married for 50 years, your spouse will not be able to deal with any accounts, policies or possessions if they are in your sole name.  We recommend that most people set up ordinary Powers of Attorney if they are going to be away from new Zealand or unavailable to take action or sign documents for a short period of time.  Otherwise we recommend considering Enduring Powers of Attorney which are covered under a separate topic in this website.

Ordinary Powers of Attorney

These are used for temporary purposes, such as if you are away from home for a few months, overseas or simply out of reach for a period of time.  These powers of attorney are limited in their scope and usually only apply if you are unable to act on your own behalf by reason of absence or physical incapacity for a period of time.  They are not effective in the event that you are mentally incapacitated.

Your Attorney can do anything which you could do if you were physically present at the time.   The Attorney is effectively 'you' while you are away.

Who should be my Attorney?

People often choose their spouse or partner as their Attorney.  you could also choose a trusted relative or friend, or even professional person such as a Solicitor of an Accountant.  The person should be healthy, likely to outlive you and available when needed.

You should consider whether the Attorney has the skills, judgment and time to handle your affairs.  Family members may often find it difficult to act impartially, or may be influenced by other relatives.  Once you have appointed an attorney, avoid later misunderstanding by making sure that close friends and family members know.

you can withdraw a Power of Attorney at any time as long as you are still mentally capable.