Charlene Porteous-Watt

Qualifications

New Zealand Diploma in Legal Executive Studies 2018
Affiliate member of the NZILE

Contact

DDI: +64 7 349 5750
M: +64 27 224 5468
E: charlene.porteous-watt@hobec.co.nz

Charlene is a registered legal executive in the Rotorua office providing assistance to Terry Kirkham and Natasha van der Wal on conveyancing transactions, trust matters and estate planning.

Charlene joined Holland Beckett in 2014 as an administration assistant before becoming a legal secretary in the property team. She then went on to study and obtained her NZ Law Society Legal Executive Diploma in 2018.

Outside of work Charlene enjoys yoga, reading a good book and spending time with her fiancé and kids.

Charlene Porteous-Watt's Expertise

Trusts, Asset Protection & Estate Planning

Property Law

Charlene Porteous-Watt's News & Resources

Enduring Powers of Attorney

A Power of Attorney is a legal document appointing a person or people to act on your behalf should you become unable to make decisions for yourself. There are two types of powers, “standard” and “enduring”. Standard Powers of Attorney (“PA”) A standard Power of Attorney is required when someone is unable to sign a document themselves. A person may be unable to sign due to unavailability (out of the country or unwell), or physical impediment. PAs are frequently used when there is a need for documents to be signed efficiently on behalf of someone else (ie. a business arrangement). The PA can give broad signing powers to the Attorney, or can restrict those powers to only certain matters (ie. signing a particular contract). A standard PA is best used for temporary purposes, (eg. the duration of an overseas trip), and ceases immediately upon revocation, death, or when the person loses mental capacity. Enduring Powers of Attorney (Property) (“EPA (Property)”) An EPA (Property) provides your appointed attorney with the power to make decisions relating to your money and property, and “endures” after you lose mental capacity. You may appoint more than one attorney to act at one time, including a trustee corporation. An EPA (Property) can be effected immediately, or used only when you lose mental capacity. An EPA (Property) continues in effect until you revoke your Attorney’s power, or you pass away. Enduring Powers of Attorney (Personal Care & Welfare) (“EPA (Personal Care)”) An EPA (Personal Care) provides your appointed Attorney with the ability to make decisions relating to your health and welfare, such as choosing a rest home or medical treatment. While only a single private individual can be appointed at any given time, you may appoint successor attorneys. An EPA (Personal Care) will only come into effect when you have lost the required mental capacity to make decisions surrounding your personal care and welfare. Enduring Powers of Attorney and Trusts An EPA cannot be used to make trustee decisions or deal with Trust property. Trust property is not the personal property of the trustee, and therefore a trustee does not make decisions in their personal capacity. However, EPAs may become useful when an incapacitated trustee needs to be removed from a Trust, and there are no continuing trustees who are able to appoint a replacement. In these instances, the person holding the EPA for the incapacitated trustee may remove the incapacitated trustee and appoint a new one. Why do you need Enduring Powers of Attorney? If you lose your mental capacity, and therefore your ability to make your own decisions, no one, not even your spouse, will be allowed to manage your affairs on your behalf unless authorised by you via an EPA. Without an EPA, you may not be able to sell your house, manage your bank accounts or make important decisions concerning your health, living arrangements or related care decisions. If you lose mental capacity without an EPA in place, your family or next of kin will need to apply to the Family Court for orders under the Protection of Personal and Property Rights Act 1988 to appoint a property manager and a welfare guardian to make these decisions for you. This process is both more costly and time consuming as it involves ongoing obligations and continued review of orders. Having EPAs prepared now will ensure that you have full power over the appointment of your Attorneys, and will save your loved ones from the stress and additional cost of applying to the Family Court. How do I get an EPA? You will need to contact a lawyer to prepare your EPAs, who will guide you through the process. They will ask you for the following information: Who you want your Attorney to be. Select the Attorney carefully and consider whether you would like anybody else to have oversight of your Attorney’s decisions. It is vital that the person you select is one that you trust to understand and respect your wishes, and make important decisions that will affect you. Any conditions to your EPA, provided these are practical and realistic (eg. whether you want back-up Attorneys, and the scope of the decisions your Attorney can make). In order for your EPAs to be valid, a lawyer must advise you on the full document and witness your signature. To get the process started, get in touch with Holland Beckett and our EPA experts will assist you.