Elder Law

Elder Law

We are committed to providing expert legal advice in the Elder Law area.  The number of people aged 65 and over has doubled since 1980 and is expected to double again by 2036 as the “baby boomer” generation move towards retirement. With moving towards retirement come some specialised legal issues that we can assist with.

Enduring Power of Attorney

We recommend that everyone has in place an Enduring Power of Attorney for Personal Care and Welfare and an Enduring Power of Attorney for Property.  Such documents means that if you lose the capacity to make decisions and understand the consequences of them, a person of your choosing takes over that responsibility.

Welfare Guardian and Property Manager Applications

However, if you do not have Enduring Powers of Attorney in place and you lose the capacity to make and understand decisions about you or your property, applications may need to be made to the Family Court under the Protection of Personal and Property Rights Act 1988 to have someone appointed to act on your behalf and make those decisions.  That involves far more initial expense than preparing Enduring Powers of Attorney, as well as obligations to complete Court reports and have periodic Court reviews of Orders.

Please see this article which further explains how to apply for these Orders and how they work.

Wills

We can draft your Will that accurately reflects your wishes for your property after you pass away and deal with the legal and technical aspects of your estate.

Trusts

We can provide advice and assistance regarding whether a trust is the right method to use for protection of your family, business and assets. We can assist with the administration of your trust.

Licences to Occupy

We can advise on the benefits and implications (some of which are serious) of Licences to Occupy for rest homes and retirement villages.

Rest Home Care and Subsidies

The rules set by the Ministry of Social Development regarding the payment of rest home subsidies are complex and tie in closely with consideration of your assets.  Gifting and trusts will affect the ability to obtain a rest home subsidy, so it is important you seek expert advice so the implications of gifting and trusts is fully understood.