Last month, Public Trust’s ‘Wills Week’ encouraged Kiwis to create a will or check that an existing one still reflects their wishes.
It also prompted me to think about two other useful ways to plan ahead if illness or an accident leaves us unable to speak or make decisions for ourselves: an Enduring Power of Attorney and an Advance Care Plan.
Advance Care Planning (ACP) lets you record what matters to you and the healthcare you would or would not want in the future. This helps keep your wishes front and centre for family, whānau and medical professionals if you cannot communicate them yourself. It can also make difficult conversations and decisions easier for those supporting you. A guidebook and fillable plan are available at https://www.myacp.org.nz/your-plan#writing-your-acplan. Age Concern Wairarapa also has booklets and practical tip sheets to help you get started.
An Enduring Power of Attorney (EPoA) is different. It is a legal arrangement that appoints someone you trust to act for you if you lose the mental capacity to make decisions. There are two types: ‘property’, covering matters such as money and assets, and ‘personal care and welfare’, covering decisions about your care and wellbeing. An EPoA is not necessarily active as soon as it is signed. A property EPoA may take effect immediately, but only if you choose that option; ask your lawyer if you are unsure. A personal care and welfare EPoA begins only after you have been formally assessed and certified as mentally incapable. Legal input is required to establish an EPoA, although free support may be available depending on your income.
An EPoA ends when you die, and that is when your will takes effect. Your will sets out how your money, property, belongings and even pets should be distributed. Together, these documents help make your wishes clear and reduce uncertainty for the people close to you.
So, are your ducks in a row?
