POWERS OF ATTORNEY

July 10, 2018

The Department of Justice offers a broad range of opportunities for experienced attorneys to work on many significant and complex issues that face our nation. Powers of Attorney should be written clearly so that the Attorney-in-Fact and third parties know what the Attorney-in-Fact can and cannot do. If you, as Attorney-in-Fact, are unsure whether or not you are authorized to do a particular act, you should consult the attorney who prepared the document. However, as a general rule, the attorney-client privilege only applies where the relevant communications between a lawyer and a client are for the purpose of giving or receiving legal advice and are expressed in confidence.attorney
richard schibell
This means your attorney-in-fact would only have authority to act if and when you are incapacitated. A person whose occupation or business involves providing personal care or health care services to you cannot be appointed as your attorney. Apply the general principles (PDF, 238KB) under the Powers of Attorney Act 1998. This Website offers you several ways to identify and locate an attorney (or other legal services), including advertisements for lawyers, a searchable directory of lawyers and law firms, or third-party legal referral systems (we’ll collectively refer to them as the Lawyer Services”).
richard schibell
When you don’t have anyone suitable to appoint as your attorney for personal decisions, you can apply to appoint the Public Guardian, who is an independent statutory officer who protects the rights of adults with impaired capacity. It is different to the general non-enduring power (discussed above) because a supportive power of attorney cannot make decisions on your behalf.
If you have an accident that affects your mental capacity, nobody will be able to have access to your assets, such as your bank accounts or superannuation, unless you have made an enduring power of attorney. The Ministry of Social Development website (has forms on the right hand side for enduring power of attorney). You can also raise your concerns with the Office of the Public Guardian, which has responsibility for monitoring attorneys and deputies and can investigate allegations of mistreatment or fraud.attorney at law
richard schibell
A general power of attorney gives a person the power and authority to act for the principal in all business and personal matters. The courts encourage people to execute Powers of Attorney to avoid conservatorship proceedings, so it is likely that you will be able to continue to exercise those powers unless the court believes that it would be in the best interests of the Principal that someone else be appointed.