by Metropol | January 21, 2026 8:33 am
For many of us, the thought of future planning is a daunting prospect. Yet the reality is that none of us can predict what might happen to our health or circumstances. Loss of mental capacity can happen suddenly, at any stage of life, through a serious accident, medical event, or illness, leaving you unable to make decisions overnight.
‘Losing mental capacity’ means that a person, in the opinion of a qualified health practitioner, is not competent to manage their own affairs, says Pier Law associate solicitor
Samantha Healey, a specialist in elder law.
“This can include being unable to understand, communicate, or make decisions about your money, business, children, or even your own care and living arrangements. Without the right legal documents in place, no one automatically has the authority to step in.”
Samantha says that the best way to prepare for this is through an Enduring Power of Attorney. This enables someone you trust to make decisions on your behalf if you become incapacitated. There are two types of Power of Attorney documents that can be made, one relating to your finances and the other to your health and well-being.
“It’s necessary to have both in place,” says Samantha. “Here at Pier Law, we pride ourselves on offering a range of advice, services and solutions with personalised guidance to give you peace of mind. Get in touch today to arrange a consultation and explore your options.”
Source URL: https://metropol.co.nz/mental-capacity-and-the-law/
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