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Power of Attorney

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Power of Attorney - Ordinary
Power of Attorney - Enduring

An Ordinary Power of Attorney is only valid as long as the donor is capable of acting for him or herself. If the donor becomes mentally incompetent (loses capacity), the ordinary Power of Attorney ends.

An Enduring Power of Attorney remains valid even if the donor later becomes mentally incompetent. The donor must be competent at the time an enduring Power of Attorney is made.

In either case, the Power of Attorney becomes invalid when the donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the donor.




Your Power of Attorney

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POWER OF ATTORNEY

THIS POWER OF ATTORNEY is given by me, ______________________________, presently of ______________________________________________________________________, on the ______ of __________, _______

  1. Previous Power Of Attorney
  2. I REVOKE any previous power of attorney granted by me.
  3. Attorney
  4. I APPOINT ______________, of ____________________________, to act as my Attorney.
  5. My "Attorney"
  6. I will refer to my Attorney as my "Attorney".
  7. Governing Legislation
  8. My Attorney will act in accordance with all relevant legislation including the Protection of Personal and Property Rights Act, as may be amended from time to time.
  9. Powers of Attorney
  10. My Attorney has authority to do anything on my behalf that I may lawfully do by an attorney (the "General Power").
  11. Specific Powers
  12. Without restricting its generality in any way, the following powers are specifically included within the foregoing General Power:
    1. Real Estate Matters
    2. To sign all documents on my behalf concerning lands which are capable of registration under land titles legislation, real property legislation, and registry legislation or such other similar legislation of New Zealand and any foreign jurisdiction. This power includes the ability to purchase, sell, rent, mortgage, charge, exchange, lease, surrender, manage or otherwise deal with real estate and any interest therein, and execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose;
    3. Maintain Property and Make Investments
    4. To retain any assets owned by me at the date this Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorised by any applicable legislation;
    5. Banking Transactions
    6. To do any act that I can do through my Attorney with a bank or other financial institution. This power includes, but is not limited to, the power to:
      1. Open, maintain or close bank accounts (including, but not limited to, chequing accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;
      2. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;
      3. Borrow money from any banking or financial institution if deemed necessary by my Attorney, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;
      4. Perform any act necessary to deposit, negotiate, sell or transfer any security or draft of New Zealand, including New Zealand Treasury Securities;
      5. Have access to any safe deposit box that I might own, including its contents; and
      6. Create and deliver any financial statements necessary to or from any bank or financial institution.
    7. Business Operating Transactions
    8. To take any action my Attorney deems necessary with any business that I may own or have an interest in by doing any act which can be done through an attorney. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganise, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy;
    9. Insurance Transactions
    10. To do any act that I can do through an attorney with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney was already a beneficiary of any policy before the signing of this document, my Attorney cannot name himself or herself as a beneficiary of such policy;
    11. Claims and Litigation Matters
    12. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Attorney deems prudent, and to receive or pay any resulting settlement;
    13. Tax Matters
    14. To act for me to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:
      1. prepare, sign and file income and other tax returns with federal, local and other governmental bodies, and to receive any refund cheques; and
      2. obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.
    15. Government Benefits
    16. To act on my behalf in all matters that affect my right to allowances, remuneration and reimbursements properly payable to me by the Government of New Zealand or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney sees fit, any proceeds of any claim;
    17. Retirement Benefit Transactions
    18. To act for me and represent my interests in all matters affecting any retirement savings or supperannuation plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document;
    19. Family Care
    20. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs;
    21. Chattel and Goods Transactions
    22. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, pay or contest taxes or assessments, mortgage or pledge;
    23. Estate Transactions
    24. To do any act that I can do through an attorney with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney or my Attorney's estate;
    25. Gift Transactions
    26. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements;
    27. Charity Transactions
    28. To continue to make gifts to charitable organisations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements;
    29. Living Trust Transactions
    30. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property; and
    31. Employ Required Professionals
    32. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, lawyers, clerks, workers and others for the management, preservation and protection of my property and estate, at such remuneration and for such length of time as my Attorney considers advisable.
  13. Attorney Remuneration
  14. My Attorney will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  15. Co-owning of Assets and Mixing of Funds
  16. My Attorney may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  17. Personal Gain from Managing My Affairs
  18. My Attorney is not allowed to personally gain from any transaction he or she may complete on my behalf.
  19. Effective Date
  20. This power of attorney will start immediately upon signing. Under no circumstances will the powers granted in this power of attorney continue after my mental incapacity or death.
  21. Attorney Restrictions
  22. This power of attorney is not subject to any conditions or restrictions other than those noted above.
  23. Severability
  24. If any part of any provision of this instrument is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this instrument.
  25. Acknowledgment
  26. I, ______________________________, being the Donor named in this Power Of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power Of Attorney;
    2. I am of legal age in New Zealand to grant a Power Of Attorney; and
    3. I am voluntarily giving this Power Of Attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________, ____________________, New Zealand, this ______ of __________, _______.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

______________________________ (Donor)

Address: ___________________________

     

___________________________________

     


NOTARY ACKNOWLEDGMENT

On this ________ day of ________________, ________, ______________________________ personally appeared before me, and proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorised capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

Declared at (city) _______________________ on the ________ day of ________________, ________.

Before me, (Notary's name) _______________________________

Signature ____________________________________ (Seal)

ACCEPTANCE OF APPOINTMENT

Attorney One
I, ______________, of ____________________________, New Zealand, have read the attached Power of Attorney and am identified therein as an Attorney for ______________________________, the Donor named therein. I hereby accept the foregoing appointment as an Attorney for the Donor with full knowledge of the legal responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

______________ (Attorney)

Address: ___________________________

     

___________________________________

     

What is a Power of Attorney?

A Power of Attorney is a document that lets one person appoint another person to act on their behalf concerning finance, real estate, business, and more.

Within a Power of Attorney form, if you grant authority to a representative, you are the donor. The personal representative you appoint is your attorney.

The Protection of Personal and Property Rights Act, 1988 governs Power of Attorney laws in New Zealand.

A Power of Attorney is also known as a/an:

  • Ordinary Power of Attorney
  • Enduring Power of Attorney
  • General Power of Attorney

Can I revoke a Power of Attorney?

You can revoke a Power of Attorney at any time as long as you’re mentally capable of making your own decisions. Revoke the Power of Attorney by giving the attorney written notice.

The Family Court can cancel a Power of Attorney if it believes the attorney isn’t acting in your best interests. The court can also assign you a guardian whose authority overrides your attorney.

Can I share the Power of Attorney?

Yes. You can have more than one person share Power of Attorney.

If you require two or more attorneys to act at the same time, you must decide whether the attorneys need to agree on all actions taken on your behalf or can act independently.

Does a Power of Attorney end at death?

Ordinary and Enduring Powers of Attorney end when the donor passes away. Authority over your property will pass to the executor of your Last Will and Testament.

How do I enact a Power of Attorney?

You can activate any type of Power of Attorney by signing the document. An Enduring Power of Attorney can also come into effect when the donor is mentally incapable of handling their affairs. The attorney may require a medical certificate to activate the Enduring Power of Attorney’s authority if that’s the case.

How do I create a Power of Attorney in New Zealand?

You can create a Power of Attorney by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps.

1. Choose the type of Power of Attorney you need

There are two types of Power of Attorney you can choose from: Ordinary and Enduring. The kind that is best for you will depend on your needs.

Ordinary Power of Attorney

An Ordinary Power of Attorney is valid as long as the donor is competent. This means they're capable of making their own decisions and not incapacitated. Incapacity means a person doesn't have the physical and or mental ability to manage their affairs. If the donor becomes incapacitated, an Ordinary Power of Attorney is no longer valid.

An Ordinary Power of Attorney can start immediately or on a date of your choosing.

For example, suppose your employer asks you to go to Argentina on business for six months. In that case, you can execute an Ordinary Power of Attorney to allow a trusted friend to manage your home, business, and other affairs while you're away. If you become incapacitated while you're away, your attorney's powers end.

Enduring Power of Attorney

An Enduring Power of Attorney is valid whether or not the donor is competent. This validity means it will remain in effect even if you become incapacitated. An Enduring Power of Attorney remains in effect until you revoke it or die.

Usually, the donor will create an Enduring Power of Attorney form to protect their affairs in unforeseen circumstances. However, sometimes a donor will use this document when they’re still capable of making their own decisions but cannot do so due to travel or other circumstances.

An Enduring Power of Attorney goes into effect the moment the donor signs the document unless they explicitly state that the document will become effective when the donor becomes mentally incapable. To sign and bring the Power of Attorney into effect, the donor must be competent.

For instance, if you have a long-term illness like heart disease, you may have a lot to handle on top of your day-to-day affairs. You can execute an Enduring Power of Attorney, effective immediately, to allow an attorney to make decisions for you while focusing on your health. If you become incapacitated for any reason during this time, an Enduring Power of Attorney will allow your appointed attorney to continue acting on your behalf.

2. Outline the donor’s information

The donor is the person who gives the attorney the authority to act on their behalf.

Include the following information about the donor in your Power of Attorney:

  • Name
  • Address
  • Phone number and email (Enduring Power of Attorney form)

3. Outline the attorney’s information

The attorney is the person given authority by the donor to act on their behalf. The attorney can either be an individual or trustee corporation.

Include the name and address of your attorney (and successor attorney if applicable) in your Power of Attorney. An Enduring Power of Attorney requires following additional information:

  • Phone number
  • Email
  • Relationship to the donor
  • The number of attorneys and how they’ll make decisions together
  • The attorney doesn’t have to be an actual lawyer but must be at least 20 years old. They also can’t be mentally incapable, bankrupt, or subject to a personal order or property order. The court creates a personal or property order for people who can’t make decisions for themselves or communicate their decisions.

    An attorney should be someone who the donor trusts completely, has good financial management skills, and plenty of time to handle their affairs properly.

    Your attorney is responsible for:

    • Acting in your best interest
    • Keeping accurate records of dealings/transactions undertaken on your behalf
    • Acting with the utmost good faith and avoiding situations where there is a conflict of interest
    • Keeping your property and money separate from their own

    It’s a good idea to appoint a successor attorney, but it isn’t always necessary. A successor attorney can only act when the primary attorney can’t continue acting for the donor.

    4. State if the attorney will have general authority

    Granting an attorney general authority gives them the power to do anything with your property and finances that you could do for yourself if physically present. If you don’t want to give the attorney authority over all aspects of your affairs, you can grant specific powers instead.

    Powers are broad and include:

    • Buying and selling real estate
    • Managing rental properties
    • Writing cheques on bank accounts
    • Access to safety deposit boxes
    • Purchasing insurance
    • Collecting any debts due
    • Managing business transactions

    5. State if the attorney can benefit from the agreement

    An attorney benefiting from the decisions they make on your behalf can be a conflict of interest. However, you can grant permission to the attorney to benefit from actions taken on your behalf as long as they also act in your best interests.

    6. Outline gift and donation conditions

    If the attorney has permission to give gifts and donations to your friends, family, and favourite charities, list who the recipients can be and the maximum amount the attorney can give away.

    7. State if the attorney can sign a Will

    State in the Power of Attorney if the attorney can sign a Will on your behalf. If so, the attorney will also require authorisation from the Family Court.

    8. State if the attorney needs a consultation before making decisions

    The attorney must consult you before making decisions about your affairs while you’re mentally capable.

    You may want the attorney to consult with your family members when dealing with property of sentimental value, such as a family home, to help ensure they take the family's wishes into account. You may also want the attorney to seek advice from a trusted accountant, financial advisor, or lawyer.

    If this applies to your situation, list the properties for which your attorney needs to seek consultation before making any decisions in the Power of Attorney.

    9. State if the attorney needs to provide information to a particular person

    You may want to appoint an individual whom the attorney needs to provide information about how they are carrying out their duties.

    For example, you can request that your attorney prepares periodic financial statement and send them to their accountant, lawyer, or some other person they choose. However, you should consider paying the attorney for these services.

    If you decide your attorney needs to send information to a particular person, list the information the attorney needs to provide and state the person’s:

    • Name
    • Address
    • Phone number
    • Email
    • Relationship to donor

    10. Outline any restrictions on the attorney’s authority

    There are many restrictions a donor can place on their attorney. List any restrictions that will limit the attorney's authority in the Power of Attorney.

    For example, the donor may wish to live independently as long as possible and have their money spent for that purpose. The donor can also restrict the types of investments the attorney can make with the donor's money (e.g. only government-issued savings bonds).

    11. Specify the attorney’s pay

    Depending on the relationship they have, the attorney may require the donor to pay for their services.

    Specify how you will pay the attorney. For example, they may receive a monthly sum payment or only receive reimbursement for out-of-pocket expenses. Out-of-pocket expenses are expenses that the attorney pays with their own money while performing tasks related to this Power of Attorney. These expenses can include petrol, parking, and administration fees.

    12. Outline how/when the Power of Attorney will end

    Ordinary Power of Attorney

    An Ordinary Power of Attorney will often have a termination date. If you choose to have a termination date, the Power of Attorney will end at 11:59 p.m., local time, on the day you’ve specified.

    An Ordinary Power of Attorney also ends if the donor becomes mentally incapacitated or passes away.

    Enduring Power of Attorney

    An Enduring Power of Attorney doesn’t have a termination date unless the donor includes a termination date in their Power of Attorney form. In this instance, the Power of Attorney is invalid after that date has passed.

    An Enduring Power of Attorney remains valid after a donor becomes mentally incapacitated but ends if the donor passes away.

    13. Provide signing and witness details

    If you can, state when the donor will sign the Power of Attorney.

    Ordinary Power of Attorney

    A witness to an Ordinary Power of Attorney must be at least 20 years old. They can’t be an attorney or successor attorney for you, your relatives, or your spouse. They also can’t be a partner of any of your attorneys and successor attorneys. The witness also can't live at the same address as any of the attorneys or successor attorneys.

    Enduring Power of Attorney

    The witness to the donor's signature can't be the attorney or successor attorney. They must be at least 20 years old and either a/an:

    • Lawyer
    • Employed registered legal executive with at least 12 months experience and directly supervised by a lawyer
    • Authorised officer or employee of a trustee corporation

    The witness must also explain the effects and implications of the Power of Attorney to the donor and answer any questions the donor may have. The Power of Attorney document provides the standard explanation the witness must give the donor.

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