What happens if you don’t have an Enduring Power of Attorney?

I have spoken before on this Blog about the subject of Enduring Power of Attorney (EPOA)and its importance. I would like to focus this time on what might happen if you don’t have one or you do not have someone who can take on a role as EPOA.

I know people who have had a sudden admission to hospital and some of them are not cognitively able to make decisions. If no Enduring Power of Attorney in place this can be problematic. An Enduring Power of Attorney has to be made with a lawyer and there are two types. There is EPOA for Welfare and EPOA for Property, which is anything to do with money. Often people will say that they have a Will, which is great, but a Will is there for your wishes to be known for when you pass away. It is still relatively rare that I come across people that have set up EPOA. If you are with someone and have separate bank accounts, have responsibility to pay a certain portion of costs and the other person doesn’t have access to your account, this could cause problems. Often people refer to themselves as ‘Next of Kin’ and think this gives them a legal right. It does not. Just because someone is a husband or wife, this does not give them any rights to make decisions on behalf of that person if they cannot act for themselves.

In the event that a person becomes unable to act for themselves a Welfare Guardian and a Property Administrator or Manager needs to be appointed by the Court. This can be a long and stressful process, especially if medical decisions, placement decisions or financial decisions need to be made. These roles are usually carried out by family members appointed by the Court.

If people do not have a Welfare Guardian, in Christchurch and in some other parts of New Zealand there are Trusts that have been set up to seek, train and provide Volunteer Welfare Guardians to act on people’s behalf. I am a Trustee of Canterbury West Coast Welfare Guardian Trust and we take referrals from mostly health professionals for a Welfare Guardian trained and supported by our Trust to have a Welfare Guardian appointed.

Myself and another Trustee did an interview with one of our local community radio stations and I thought it might be of interest as we talk not only about the Trust, but the reasons why these documents are so important.

Here is the link if you want to check it out. Look for this title. Plains FM Features – The Canterbury West Coast Guardian Trust

https://plainsfm.org.nz/Prog/PlainsFMFeatures

Also, for your information, should you know anyone who would like to volunteer or needs a Welfare Guardian below is the website for the Trust.

https://welfareguardians.nz/?canterbury

Just something to think about as we all travel this road. Something I would recommend that you seriously consider while you have the capacity to choose someone you know and trust who will act in your best interests.