Elder Law in New Zealand: Protecting Rights, Health, and Wealth in Your Later Years

• Elder Law is a specialised legal field in New Zealand that addresses the unique needs of older adults, including estate planning, healthcare decisions, and long-term care.
• Enduring Powers of Attorney (EPAs) are critical documents that allow you to appoint someone you trust to make decisions about your property and personal welfare if you lose mental capacity.
• Comprehensive estate planning involves more than just a will; it can include trusts and other strategies to protect your assets and ensure your wishes are followed.
• Moving into a retirement village involves signing an Occupation Rights Agreement, which requires careful legal review before you commit.
• Proactive legal planning provides strong legal protections against potential elder abuse and financial exploitation.

Planning for the future takes on a new sense of urgency as we, or our parents, get older. And in New Zealand, this conversation is becoming more important than ever. Our country is experiencing a significant demographic shift. New Zealand's population aged 65 and over is projected to reach one million by 2028 and 1.5 million by 2050. That means a quarter of our population will be in their golden years.

This reality brings a unique set of legal questions and challenges to the forefront. It’s why having a clear understanding of Elder Law is so essential for families across the country. This isn't about planning for the worst. It's about planning for the best possible future, ensuring your wishes are respected and your loved ones are protected.

We have created this guide to walk you through the key issues, drawing on our first-hand experience helping families navigate this important stage of life with dignity and confidence.

Elder Law is a specialist area of law focused entirely on the legal needs of older New Zealanders and their families. It acknowledges that as we age, our legal requirements change. It covers a wide range of topics, from managing your assets and planning your estate to making decisions about your future healthcare and living arrangements. It’s about protecting your autonomy and ensuring you have the right legal protections in place for your later life.

The New Zealand Law convergence notes that as life expectancy increases, "Retirement is no longer just a short phase of life before death, and that changes everything." This shift impacts how people manage assets, plan for care, and structure their estate. As a result, the demand for clear, empathetic legal advice is growing. In fact, recent industry reports show that transactional work, which includes many elder law practice areas, grew by 2.1% in 2024 , reflecting this increased need.

In our experience, the two most powerful tools for planning your future are a well-drafted will and properly established Enduring Powers of Attorney (EPAs). These documents form the foundation of any solid estate plan.

Wills and Estate Planning

A will is the instruction manual for your estate after you pass away. It details who should receive your assets and who you want to be in charge of carrying out your wishes. Without one, the law decides for you, which can lead to family disputes and outcomes you never intended.

But modern estate planning goes beyond just a will. For many, it also involves considering trusts to protect assets for future generations. We provide tailored legal solutions for personal asset planning, helping you create a structure that works for your unique family situation. The first step, however, is always ensuring you have a clear and legally sound will. Our approach to modern, fixed-fee Will drafting makes this crucial process straightforward and accessible.

Enduring Powers of Attorney (EPAs): Your Voice When You Can't Speak

What happens if you become mentally incapacitated through illness or injury and can't manage your own affairs? This is where Enduring Powers of Attorney, or EPAs, become absolutely critical.

There are two types in New Zealand:

1. EPA for Property: This allows your chosen person (your 'attorney') to manage your financial affairs, like paying bills or selling your house.
2. EPA for Personal Care and Welfare: This allows your attorney to make decisions about your health and wellbeing, such as where you live and the type of medical care you receive.

We've seen families face immense stress when a loved one becomes mentally incapacitated without EPAs in place. They are forced into a costly and slow application to the court to have a welfare guardian or property manager appointed. Setting up EPAs ahead of time ensures that someone you trust, who knows your values, can step in immediately to act in your best interests.

Deciding on future living arrangements is a major life decision with significant legal and financial implications. Whether considering downsizing your home, moving into a retirement village, or requiring rest home care, getting advice is key.

Retirement Villages and Occupation Right Agreements

Buying into a retirement village is different from a standard property purchase. You are typically not buying the property itself, but an 'Occupation Right Agreement' (ORA). This is a complex legal contract that gives you the right to live in a unit and use the village facilities.

A common mistake we observe is people signing these agreements without fully understanding the terms, especially around fees, transfer clauses, and what happens when they leave the village. These documents are long and full of legal terminology. It is absolutely essential to have them reviewed by a lawyer who understands the specific legal landscape of retirement villages.

Residential Care and Subsidies

If you or a loved one needs a higher level of care, like that offered in a rest home or hospital, you may be able to get financial help from the government’s residential care subsidy. However, eligibility for this subsidy is means-tested against strict asset and income thresholds. The rules around gifting to a family trust and what assets are counted are complex. Planning ahead with expert advice can help you understand your eligibility and navigate the application process.

It’s a difficult topic, but one we must address. Elder abuse, particularly financial abuse, is a growing concern. This can range from pressure to change a will to the misuse of funds by someone in a position of trust. Having clear legal structures in place is one of the strongest defences. A properly established EPA, for instance, creates legal duties for the person you appoint and a clear framework for how your personal affairs should be managed. It creates accountability and reduces the opportunity for exploitation.

Elder Law touches on some of the most personal aspects of our lives. It requires not only legal expertise but also sensitivity and understanding. As a firm, we are experienced in dealing with elderly clients. Our service model allows us to cater for elderly clients in a way that traditional law firms are not able to.

Whether you're just starting to think about estate planning, need to review an ORA for a retirement village, or are helping your parents make these important decisions, getting the right advice is the best thing you can do. It provides peace of mind and ensures you and your family are prepared for the future. If you need help protecting your rights in later years, we're here to provide clear, compassionate, and expert elder law advice.

_Disclaimer: The information contained in this article is for general guidance and informational purposes only. It does not constitute legal advice. You should not act or refrain from acting based on this information without first seeking specific professional legal advice._