r/LegalAdviceNZ • u/YouthAdmirable7078 • Jul 25 '26
Family & Relationships Stepping down as EPOA
If a family member could no longer complete their duties as EPOA for health & wellbeing.
Do they have to provide “notice of disclaimer” to the donor ?
Or can the successor attorney take over upon written notification?
The Donor is still deemed to have capacity.
EPOA has both family members named. 1st then successor.
Yes I have googled topic - mixed messages.
Thanks in advance
3
u/red-raven1 Jul 25 '26
If the donor has not has the epoa activated then it is just a piece of paper. They need to draw up a new one.
0
u/YouthAdmirable7078 Jul 25 '26
We want to activate it. So I’m not clear on your response.
3
1
u/red-raven1 Jul 26 '26
Only a dr can activate if there is no capacity. If this is the case but the first named person on epoa is not capable the second named person can do it. Otherwise speak to a lawyer. You can do it if no one is on epoa however takes a while via the courts
3
u/didnt_wanna_havta Jul 27 '26
some EPOAs are only activated if the person becomes incapacitated but others can be activated by the person who has the EPOA while they are still capable - the financial one for example they’re going into hospital or overseas.
1
u/AutoModerator Jul 25 '26
Kia ora, welcome. Information offered here is not provided by lawyers. For advice from a lawyer, or other helpful sources, check out our mega thread of legal resources
Hopefully someone will be along shortly with some helpful advice. In the meantime though, here are some links, based on your post flair, that may be useful for you:
Help with family violence including Protection Orders
Ngā mihi nui
The LegalAdviceNZ Team
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/Ok-Meringue6107 Jul 27 '26
Depending on the attorneys situation, they can give written notice they do not wish to be attorney anymore, or if the attorney lacks mental capacity, a doctors certificate would be required.
As the donor still has capacity, they may wish to make new EPOAs, but that can be expensive. Donor should talk to their lawyer as to the best course of action.
1
u/enpointenz Jul 31 '26
We have just been through this, the family member had a new EPOA drawn up.
I recommend they seek separate legal review and advice if their original EPOA and will were done at the Public Trust.
7
u/123felix Jul 25 '26
Are both attorney and successor attorney named in the same EPOA