December 1, 2025 • 7 mins
Tori Tremaine of Bannerman Cruickshank Pryde looks at what being enduring power of attorney means.
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Episode Transcript
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Speaker 1 (00:08):
Welcome back to the muster on Hakanui. Toy Tremaine joins us.
Now out of Bataman Crookshank Pride the lawyer's tory. How
are you.
Speaker 2 (00:16):
I'm good, Thank you.
Speaker 3 (00:16):
Indeed, So today.
Speaker 1 (00:18):
We're talking about enduring power of attorney. Tell us in
the nuts and bolts what this is exactly?
Speaker 2 (00:25):
Yes, So an enduring power of attorney is any important
documents or documents that we recommend that anybody who essentially
owns property has an interest in property, should have in place.
So there are two different types of powers of attorney.
There's one that's in relation to your property and one
(00:46):
that's in relation to your personal care and wealthare so
you can appoint different people.
Speaker 4 (00:51):
To have those roles, and they can have certain.
Speaker 2 (00:55):
Terms and conditions incorporated into them as well.
Speaker 1 (01:00):
So many people actually have different power of attorneys. Though
for these two things. Is that common.
Speaker 4 (01:06):
It can be because a lot of people with having
other family members living all over the place not necessarily
or being local.
Speaker 2 (01:13):
Often people will not to appoint somebody as they're enduring
power of attorney for personal care and wealthy for example,
to someone who is local who are sort of on
the ground, who can help them get to medical appointments
and be part of that pocision making process and has.
Speaker 4 (01:29):
More of a fearful what is going on day to day.
Whereas a property mented.
Speaker 2 (01:35):
Turning in relation to property metas, that can be someone
who's a bit more further afield, who still knows what
property metas are important and what needs to be dealt with.
But the way that technology is these days, that can
be done from afar, So there are sometimes some differences
and appointments due to that. Other times people keep it
simple and they have the one person or one person
(01:56):
and then that person and another person appointed to property
and they all work harmoniously together. So it is an
individual decision around that.
Speaker 4 (02:08):
But there's no right or wrong answer really.
Speaker 1 (02:10):
Now you talk about personal care or welfare, which more
or less talks about mental capacity. So this is just
in case something goes astray as far as mental well being.
Is that correct?
Speaker 2 (02:22):
Yes, that's right. So during power of attorney, appointment can
only come into effect if somebody loses their mental capacity.
So there's lots of ways that can happen unfortunately, whether
it's biomedical event or traumatic accident or you know, degenerative causes.
(02:43):
But dementia Alzheimer's, which are becoming more and more common
these days. It only comes into effect when there's been
a relevant medical person provide their certification basically that this
person has lost their mental capacity and a isn't able
to under schemed or make decisions about their personal care
and welfare. So that's when the attorney who's appointed in
(03:07):
relation to personal care and wealthare can start taking over
that decision making. They still have to consult with the
person who is needing the decisions made about them, but
they essentially have the final word because or final decision,
because they obviously do have the mental capacity and can
understand the consequences and implications more than the other person.
(03:30):
In terms of the property power of attorney appointment, you
can actually select that you want to give your attorneys
the part to be able to make decisions and sign
things on your behalf, even if you do have mental capacity.
So that traditionally people have used if they're going overseas
(03:51):
or no, they're not going to be available for quite
some time to be able to sign documents, but they've
got things still happening. From a property perspective, they can
have somebody sign that on their behalf that. There's some
options around that where you can just have it to
come into effect if again you've become mentally incapable and
can't manage your property meet as yourself anymore. So you've
(04:12):
got options around that one and what you can do.
Speaker 1 (04:15):
Power of attorney, especially in the mental capacity. Can it
be challenged, Yes, it can be.
Speaker 2 (04:20):
There is provision within the Protection of personal and property
right back for people to do that, and it's essentially
going a court application if it gets to that point.
Often a lot of it is because of miscommunications or
misunderstandings around who's appointed, who can do what, and when
they can do what they can do. So often any
(04:43):
misunderstandings or disputes that arise can generally be resolved before
they get to that point where courter's intervention is required.
But a lot of it comes down to being transparent
and everyone knowing.
Speaker 1 (04:56):
So a property power of attorney, what's the difference The
main difference between the.
Speaker 2 (05:00):
So a property power of attorney means that your decision
making the attorney can only be in relation to property measters.
Speaker 4 (05:08):
So that would be buying or.
Speaker 2 (05:10):
Selling a house, or managing bank accounts or investments. You
know that physical kind of property, whereas the personal turn
welfare is more about the day to day care needs
that somebody may have, So that could be signing the
documentation for somebody to enter into risk home care, or
signing them up to receive particular medical treatment or ongoing medication,
(05:34):
all of those sort of day to day more personally
related to your health and wellbeing is compared to property.
Speaker 1 (05:43):
So the property is more or less a follow on
from the personal care and wealthy side of things.
Speaker 3 (05:47):
I suppose they do go hands in hand to an
extent because often if you've got deteriorating health, your property
is often needed to be able to help you manage
that deteriorating health, whether.
Speaker 4 (06:00):
There is risk home here so.
Speaker 2 (06:03):
Or other medicational treatment.
Speaker 4 (06:04):
So they often do.
Speaker 3 (06:05):
Go hand in hand.
Speaker 2 (06:06):
So the people you are point in those roles, if
it's not the same person, you do want them to
be able to get along with one another so that
they can make their decisions, you know, in a complimentary way,
essentially for the benefit of the person who needs those
decisions made.
Speaker 1 (06:23):
Absolutely tory. Now, the team of Bataman Crooschink pride to
the lawyers for people to get in touch. What's the
best way I.
Speaker 4 (06:29):
Think it's that's a call in number is three two nine,
one eight three and one of their team here will
be able to help out with your queries.
Speaker 1 (06:40):
Toy Tremaine, always appreciate your time on the muster. You
know you and all the team have a great Christmas break.
Speaker 2 (06:45):
Yes think CND same to you, endlesseners.
Speaker 1 (06:50):
Toy Tremaine part of Bataman, CrOx, Schink Pride, the Lawyers
of course Hillary Copeland as well Grant Disaster McMaster is
up next from the edges of Close Friends, Station and
lake Walker Tippy, you're listening to the mustard
Welcome back to the muster on Hakanui. Toy Tremaine joins us.
Now out of Bataman Crookshank Pride the lawyer's tory. How
are you.
Speaker 2 (00:16):
I'm good, Thank you.
Speaker 3 (00:16):
Indeed, So today.
Speaker 1 (00:18):
We're talking about enduring power of attorney. Tell us in
the nuts and bolts what this is exactly?
Speaker 2 (00:25):
Yes, So an enduring power of attorney is any important
documents or documents that we recommend that anybody who essentially
owns property has an interest in property, should have in place.
So there are two different types of powers of attorney.
There's one that's in relation to your property and one
(00:46):
that's in relation to your personal care and wealthare so
you can appoint different people.
Speaker 4 (00:51):
To have those roles, and they can have certain.
Speaker 2 (00:55):
Terms and conditions incorporated into them as well.
Speaker 1 (01:00):
So many people actually have different power of attorneys. Though
for these two things. Is that common.
Speaker 4 (01:06):
It can be because a lot of people with having
other family members living all over the place not necessarily
or being local.
Speaker 2 (01:13):
Often people will not to appoint somebody as they're enduring
power of attorney for personal care and wealthy for example,
to someone who is local who are sort of on
the ground, who can help them get to medical appointments
and be part of that pocision making process and has.
Speaker 4 (01:29):
More of a fearful what is going on day to day.
Whereas a property mented.
Speaker 2 (01:35):
Turning in relation to property metas, that can be someone
who's a bit more further afield, who still knows what
property metas are important and what needs to be dealt with.
But the way that technology is these days, that can
be done from afar, So there are sometimes some differences
and appointments due to that. Other times people keep it
simple and they have the one person or one person
(01:56):
and then that person and another person appointed to property
and they all work harmoniously together. So it is an
individual decision around that.
Speaker 4 (02:08):
But there's no right or wrong answer really.
Speaker 1 (02:10):
Now you talk about personal care or welfare, which more
or less talks about mental capacity. So this is just
in case something goes astray as far as mental well being.
Is that correct?
Speaker 2 (02:22):
Yes, that's right. So during power of attorney, appointment can
only come into effect if somebody loses their mental capacity.
So there's lots of ways that can happen unfortunately, whether
it's biomedical event or traumatic accident or you know, degenerative causes.
(02:43):
But dementia Alzheimer's, which are becoming more and more common
these days. It only comes into effect when there's been
a relevant medical person provide their certification basically that this
person has lost their mental capacity and a isn't able
to under schemed or make decisions about their personal care
and welfare. So that's when the attorney who's appointed in
(03:07):
relation to personal care and wealthare can start taking over
that decision making. They still have to consult with the
person who is needing the decisions made about them, but
they essentially have the final word because or final decision,
because they obviously do have the mental capacity and can
understand the consequences and implications more than the other person.
(03:30):
In terms of the property power of attorney appointment, you
can actually select that you want to give your attorneys
the part to be able to make decisions and sign
things on your behalf, even if you do have mental capacity.
So that traditionally people have used if they're going overseas
(03:51):
or no, they're not going to be available for quite
some time to be able to sign documents, but they've
got things still happening. From a property perspective, they can
have somebody sign that on their behalf that. There's some
options around that where you can just have it to
come into effect if again you've become mentally incapable and
can't manage your property meet as yourself anymore. So you've
(04:12):
got options around that one and what you can do.
Speaker 1 (04:15):
Power of attorney, especially in the mental capacity. Can it
be challenged, Yes, it can be.
Speaker 2 (04:20):
There is provision within the Protection of personal and property
right back for people to do that, and it's essentially
going a court application if it gets to that point.
Often a lot of it is because of miscommunications or
misunderstandings around who's appointed, who can do what, and when
they can do what they can do. So often any
(04:43):
misunderstandings or disputes that arise can generally be resolved before
they get to that point where courter's intervention is required.
But a lot of it comes down to being transparent
and everyone knowing.
Speaker 1 (04:56):
So a property power of attorney, what's the difference The
main difference between the.
Speaker 2 (05:00):
So a property power of attorney means that your decision
making the attorney can only be in relation to property measters.
Speaker 4 (05:08):
So that would be buying or.
Speaker 2 (05:10):
Selling a house, or managing bank accounts or investments. You
know that physical kind of property, whereas the personal turn
welfare is more about the day to day care needs
that somebody may have, So that could be signing the
documentation for somebody to enter into risk home care, or
signing them up to receive particular medical treatment or ongoing medication,
(05:34):
all of those sort of day to day more personally
related to your health and wellbeing is compared to property.
Speaker 1 (05:43):
So the property is more or less a follow on
from the personal care and wealthy side of things.
Speaker 3 (05:47):
I suppose they do go hands in hand to an
extent because often if you've got deteriorating health, your property
is often needed to be able to help you manage
that deteriorating health, whether.
Speaker 4 (06:00):
There is risk home here so.
Speaker 2 (06:03):
Or other medicational treatment.
Speaker 4 (06:04):
So they often do.
Speaker 3 (06:05):
Go hand in hand.
Speaker 2 (06:06):
So the people you are point in those roles, if
it's not the same person, you do want them to
be able to get along with one another so that
they can make their decisions, you know, in a complimentary way,
essentially for the benefit of the person who needs those
decisions made.
Speaker 1 (06:23):
Absolutely tory. Now, the team of Bataman Crooschink pride to
the lawyers for people to get in touch. What's the
best way I.
Speaker 4 (06:29):
Think it's that's a call in number is three two nine,
one eight three and one of their team here will
be able to help out with your queries.
Speaker 1 (06:40):
Toy Tremaine, always appreciate your time on the muster. You
know you and all the team have a great Christmas break.
Speaker 2 (06:45):
Yes think CND same to you, endlesseners.
Speaker 1 (06:50):
Toy Tremaine part of Bataman, CrOx, Schink Pride, the Lawyers
of course Hillary Copeland as well Grant Disaster McMaster is
up next from the edges of Close Friends, Station and
lake Walker Tippy, you're listening to the mustard
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