ELDER LAW & MENTAL CAPACITY — AUCKLAND
When someone you love can no longer make decisions for themselves.
Losing capacity — through dementia, illness, or sudden incapacity — changes everything for a family. We help you understand what's in place, what's missing, and what needs to happen next.
GUIDANCE THROUGH CAPACITY LAW
Most families don't think about capacity law until they're already in the middle of it. A parent starts forgetting things. A stroke happens. A diagnosis arrives. Suddenly, the question isn't theoretical — it's urgent.
If an Enduring Power of Attorney is already in place, activating it can be straightforward. If there isn't one — or if the one that exists has problems — the family may need to go to court. Either way, knowing what to do and moving quickly matters.
This area of law is quiet but consequential. We help families navigate it with clarity and care.
"The question people ask us most is: what do we do now?"
We help you understand exactly what is in place, what isn't, and what the law requires next — without making it more complicated than it needs to be.
WHAT WE HELP WITH
Capacity situations we handle
Elder law and mental capacity work covers a range of situations. Here is what we assist with most often.
EPA activation
When a parent or loved one loses capacity, activating an existing Enduring Power of Attorney is the first step. We advise attorneys on their obligations, guide them through the activation process, and help them understand what they can and cannot do under the EPA.
When there is no EPA — PPPR Act applications
If a person loses capacity without an EPA in place, a family member may need to apply to the Family Court for a personal or property order. We prepare and manage these applications, which can be urgent.
Retirement village matters
Occupational right agreements for retirement villages are complex documents with significant financial implications. We review and explain these agreements before your family member signs — including the exit provisions, which many families do not read carefully enough.
Attorney obligations and disputes
If you are concerned about how an attorney is managing a person's affairs — including possible misuse of the EPA — we advise on the attorney's legal obligations and the options available to challenge or review their actions.
Mental capacity assessment
Capacity is not all-or-nothing. We work with medical professionals and assessors to understand what level of capacity a person has, and advise on what decisions they can still make for themselves.
Elder financial abuse
Financial abuse of elderly people — whether by family members, caregivers, or others — is more common than most families realise. We advise on the legal options available to protect a vulnerable person or recover assets.
WHO IT'S FOR
Is this the right service for you?
This area of law most often affects families rather than the individual themselves. If any of the following apply, we can help.
A parent or family member has been diagnosed with dementia or a condition affecting their cognitive ability
Someone has suffered a stroke or accident and can no longer manage their own affairs
You are an attorney under an EPA and are unsure of your obligations
A parent has no EPA in place and their capacity is declining
Your family member is considering moving into a retirement village
Suspect misuse of an EPA or financial abuse of an elderly person.
A will or significant document was signed when capacity may have been in doubt
You need to understand what decisions a person can still make for themselves
HOW IT WORKS
What happens next
01
Tell us the situation
A free 15-minute call. We listen, identify what is already in place, and tell you what needs to happen next. Many families come to us not knowing where to start — that is exactly what this call is for.
02
We review what exists
We look at any existing EPA, will, trusts, and other relevant documents. We advise on whether these are valid, whether they cover the situation, and what gaps exist.
03
We advise on next steps
Whether it's activating an EPA, a PPPR Act application, a retirement village agreement, or elder abuse advice, we'll explain what's needed and the cost upfront.
04
We act on your behalf
We manage the process — court applications, communications, document preparation — so that the family can focus on the person who needs care.
RESOURCES
Guides for families
What is an Enduring Power of Attorney — and what happens when you need to use it
Understanding the difference between granting an EPA and activating one — and what attorneys are actually responsible for.
No EPA in place: what families need to know about PPPR Act applications
When a loved one loses capacity without an EPA, a court application may be the only option. Here is how that process works.
Retirement village agreements: the clauses most families overlook
Occupational right agreements are binding and complex. We explain the terms that matter most — especially the exit provisions.
Not sure what you need? That is what the call is for.
Capacity situations are often urgent and always unfamiliar. Tell us the situation in a 15-minute call and we will tell you what the law requires and what needs to happen first. No charge, no obligation.
