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Enduring Power of Attorney. Han Roeters, RGON, M Health Sci (Otago), PG Dip Health Inf (Otago). Learning objectives. After this session you will be able to: Discuss the basic concepts of the protection of property and personal rights act (PPPR act)

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enduring power of attorney

Enduring Power of Attorney

Han Roeters, RGON, M Health Sci(Otago), PG Dip Health Inf(Otago)

learning objectives
Learning objectives

After this session you will be able to:

  • Discuss the basic concepts of the protection of property and personal rights act (PPPR act)
  • Define enduring power of attorney (EPOA)
  • Describe exceptions to the EPOA legislation
  • Understand activation aspects of EPOA
  • Discuss health and welfare responsibilities of EPOA
  • Understand the financial and legal aspects of EPOA
definition
Definition

A Power of Attorney is a legal arrangement where you (called the donor) appoint another person (called an attorney) to temporarily act for you, for example if you go overseas.

An Enduring Power of Attorney (EPA) continues to operate, or only comes into effect, should you become mentally incapable.

(Office of Senior Citizens, 2010)

protection of property and personal rights act pppr act
Protection of Property and Personal Rights Act (PPPR act)
  • Usually referred to as the ‘triple PR Act’ or ‘3 PR Act’
  • Purpose is to provide for decision making by others in relation to people’s welfare and/or property
  • All adults are assumed to be competent until there is clear evidence to the contrary!
competence
Competence
  • Competence is situation/issue specific
  • Competence may be complete, partial or wholly lacking
  • Requires an understanding of the issue at hand
  • Need to know what options are available
  • Need to understand the likely consequences of actions
  • Decisions should not be made with undue influence present
  • Need to be able to communicate the decisions
activating the epoa
Activating the EPOA
  • The Court must first decide whether the person is incapacitated (Not competent) that is, whether they:
  • Are unable, completely or partly, to understand decisions about their personal care and welfare and to foresee the consequences of those decisions, or
  • Are able to do those things, but completely unable to let others know about the decisions the person makes.
  • The Court can’t make an order merely because the person makes decisions that the average person wouldn’t make.
personal orders welfare guardians property managers
Personal Orders, Welfare Guardians, Property Managers
  • Person subject of such orders or appointments must be 20 years of age or over (unless previously married, or there is no parent/guardian living, or the parent/guardian is not in regular contact and the court determines it would be in the subject’s best interest to appoint a welfare guardian)
  • Person appointed to act for subject person must be 20 years of age or over
welfare guardians
Welfare Guardians
  • Can only be one person
  • Appointed by the Family Court
  • A person cannot be appointed as a welfare guardian unless they agree.
  • Subject person wholly lacks capacity to make or to communicate decisions regarding their care and welfare
  • Normally only one person can be appointed
property manager
Property manager
  • Appointed by the Family Court
  • Can be more than one person
  • Can manage any of the incapacitated person’s property (but only for items worth $5,000 or less)
  • Can manage any income or benefit that belongs to the incapacitated person (but only if it’s $20,000 or less per year)
the epoa s rights
The EPOA’s rights
  • Welfare Guardians and EPOA’s can make decisions regarding care and welfare as if the person themselves made them
  • No consent for
    • ECT
    • Brain surgery to modify behaviour
    • Marriage
    • Participation in research
    • Withholding standard medical treatment
    • Donation of organs
    • Resuscitation order
remember
Remember!

EPOA only takes effect if the person has been assessed as incompetent (Not of testamentary capacity)

epoa rn care guide
EPOA RN care guide

EPOA care guide for the older adult

references
References

Office for Senior Citizens. (2010). Keeping you protected – Enduring powers of attorney. Retrieved 19-10, 2010, from http://www.osc.govt.nz/enduring-powers-of-attorney/index.html

The family courts of New Zealand. (2010). The Protection of Personal and Property Rights Act 1988. Retrieved 19-10, 2010, from http://www.justice.govt.nz/courts/family-court/documents/pdf-pamphlets/Courts-044.pdf

Waitamata DHB (2009) Enduring power of attorney care guide: For personal care and welfare. Retrieved 16-11-2010 from http://www.waitematadhb.govt.nz/LinkClick.aspx?fileticket=W1J-RktHvcQ=&tabid=92&mid=417