Setting up power of attorney is about choice, says Public Trust
More and more Hamilton people are leaving it too late to decide who will look out for them if they’re incapacitated, leaving some in limbo without an advocate.
That’s the word from New Zealand’s largest provider of wills and a group trying to help those without an advocate.
Public Trust principal trustee Stewart Harvey says putting off setting up enduring power of attorney (EPA) leads to an expensive, time-consuming court process that can leave people in limbo.
“We’re seeing a lot more need for them and people not having them and then the fallout... is quite significant for a lot of families - and distressing and stressful for them to go through that process.”
With a family member in hospital or needing a higher level of care, many people don’t realise rest home facilities require someone to have EPA before they can live there, Harvey says.
A medical report is needed to ensure a person has the capacity to actually put those documents in place. If someone is no longer capable of making those decisions, for example someone who has dementia, it becomes a court matter.
“And in the meantime, no one can do those things for that person, to manage their finances, make those decisions for them.”
New Zealand’s ageing population is adding to the issue, he says.
The trust has been approached on behalf of people in hospital who need rest home care, but don’t have anyone to appoint for the EPA.
However, Public Trust can only be appointed for property affairs. “We can't be appointed to manage them as an individual. So there's lots of vulnerable people out there that don't have these things in place and don't have people to support them.”
One group “minding the gap” is the Waikato Welfare Guardianship Trust, which trains volunteers to be appointed as welfare advocates.
Founding trustee Cate Anderson says she saw a need through her work as a Te Whatu Ora social worker. Waikato’s trust was based off the Otago Welfare Guardianship Trust, one of a handful such organisations nationwide.
The trust relies on trained volunteers who can apply to be court-appointed welfare guardians for for people unable to make or communicate decisions for themselves.
They also advocate for people who are “stuck”, can push for a review of care needs and provide an important social connection, Anderson says.
“If they're there with no family members, they don't have anyone visiting them, they don't have anyone who's connecting with them.”
The care home is also grateful for advocates because they have someone to talk to if there’s a fall or a need for change, Anderson says.
If there’s one word Harvey wants people to take from his message, it’s choice.
“You choose who you appoint to look after your things, who you trust to do those things for you and that you believe they'll have your best interests at heart.
“If you don't have these documents in place... the choice is now based on law or someone else deciding that for you.”