I think my parent nees care, what do I do?

The Aged Care Process

Enduring Power of Attorney

An Enduring Power of Attorney (EPOA) gives a designated person the authority to make decisions on someone’s behalf.

The EPOA comes into effect when the person can no longer manage their own affairs.

Types of Enduring Powers of Attorney

Personal Care and Welfare

This EPOA concerns decisions about care, medical treatment, and living arrangements.

Your parent can only have one attorney for personal care. It has to be an individual, and cannot be a trustee company.

Property

This EPOA concerns decisions about money and property affairs.

The term “property” includes:

Who needs to make Enduring Powers of Attorney?

Everyone should make enduring powers of attorney.

Anyone who falls into one of these categories should make them as soon as possible:

Why should my parent have Enduring Powers of Attorney?

If they ever become incapable of making their own decisions, they will need someone trustworthy in charge of their affairs. It takes little effort and is not costly to appoint an EPOA.

What happens if my parent does not have Enduring Powers of Attorney?

You must apply to the Family Court before you can manage your parent's affairs. This is costly and time consuming. The court will decide who can manage your parent's affairs. They may choose a different person from who your parent would have chosen themselves.

Who should my parent choose as their attorney?

It is most important to choose someone you trust. You must be confident that this person has your parent's best interests at heart. This person should know your parent's likes and dislikes well. You need to be sure that this person will always carry out your parent's preferences.

How do we put the EPOA together?

Fill out the forms from the Ministry of Social Development website. Your parent must get legal advice before they sign the forms. A lawyer or qualified legal advice must witness the signatures.

When will my parent’s Enduring Power of Attorney commence?

For Personal Care and Welfare, it will commence if your parent is assessed by a General Practitioner as having lost mental capacity.

For Property, your parent can choose when it comes into effect. They can either have it come into effect straight away, or if they lose mental capacity.

A General Practitioner assesses whether or not your parent is mentally incapable.

How to seek advice?

Talk to your lawyer, Age Concern, or the Citizens Advice Bureau if you want more advice.

Click here to access the Directory of Helpful Contacts

For further information on Enduring Powers of Attorney, click here to access a pamphlet on the Age Concern website

Step Nine: Your parent is now ready to enter the rest home

Step Eight: What happens after we have chosen a rest home?