Enduring Powers Of Attorney to Avoid Excessive Court Costs
If your home is not in order, losing mental capacity can be a costly exercise. Family members and loved ones who are already dealing with sudden mental loss can find it stressful.
You must complete an enduring power of attorney in New Zealand if you do not want anyone to make decisions about your personal care or welfare. Your real and personal property will also be held until the court appoints someone. This process is handled by the Family Court, which is part of the District Court in New Zealand.
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It can take a lot of time to get court orders, especially if loved ones and family aren't in agreement about who should be appointed. It will cost thousands of dollars and take many months, even if the process goes smoothly.
A court appoints counsel for the subject to ensure the best interests are protected. This is a group of experienced lawyers who have been trained in such matters. This person is paid from a consolidated account. They interview the subject and those who are seeking to be appointed welfare guardian or property manager to ensure that the court is satisfied with the appointment.
After a hearing has been obtained and all parties have had a chance to speak, the court will issue the orders. The applicants are technically responsible for paying the legal fees related to the application. However, it is common for an order to be sought that the fees be paid out of the assets of a subject.
You would have made the decision yourself and the likely legal fees would have been fractions of the cost of the court process. It would have saved you a lot of stress for those you love. It's even worse because there are online options that you can use to save even more money than hiring a lawyer.