Elder Law
Protecting Your Rights, Legacy, and Peace of Mind
Getting older shouldn’t mean feeling less in control. You’ve spent a lifetime working hard, and now you deserve to feel certain about what the next chapter holds.
At Shanahans Law, we see elder law as a commitment to the dignity and security of our clients. It’s a specialised area where we look past the paperwork to focus on the person sitting across from us. Whether you are safeguarding your own hard-earned legacy or stepping up to support an ageing parent, we provide the steady, compassionate guidance needed to deal with healthcare, housing, and shifting family dynamics. You can count on us to protect what matters most.
What is Elder Law, and Why Does it Matter?
You might be wondering, “What do elder law lawyers do exactly?”
Unlike a general practitioner, an elder law lawyer focuses on the specific challenges that arise as we age.
Elder law and estate planning are closely linked, but they aren’t quite the same thing. While estate planning is often about what happens after you pass away, elder law is very much about the here and now.
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Our Specialist Elder Law Services
We bring genuine expertise to the following areas. These pillars of elder law in New Zealand provide the foundation for a secure and well-managed later life:
- Enduring Power of Attorney (EPA) in Relation to Property and Personal Care and Welfare:
Choosing a person you trust to manage your affairs is a significant decision. We can help you draft an Enduring Power of Attorney to manage your property and care. If a loved one can no longer make their own decisions and doesn’t have an EPA in place, we can help your family apply to the Court to appoint a Welfare Guardian or Property Manager.
- Wills and Estates:
A well-drafted Will is one of the most valuable gifts you can leave your family, it ensures your wishes are clear, your loved ones are provided for, and the people you trust are in charge of carrying them out. We can help you prepare or update your Will, advise on appointing the right executor, and guide you through the estate administration process when a loved one passes away. Whether your situation is straightforward or involves blended families, trusts, or significant assets, we bring care and expertise to every stage.
- Retirement Village Occupation Right Agreements:
Moving into a retirement village is a major life decision, and the agreement you sign will sets out your rights for years to come. We can review and advise on Occupation Right Agreements before you sign, so you understand your rights around fees, termination, and what happens to your estate when the agreement ends. Whether you are considering an independent living unit, serviced apartment, or care suite, we help you make an informed decision.
A Compassionate, Grounded Approach
We know that circumstances can change quickly. Maybe there’s just been a tough medical diagnosis, or perhaps living arrangements need to change overnight.
At Shanahans Law, we start by taking the time to actually listen. We make sure our clients feel heard and truly understand their options without feeling like they’re being drowned in legalese. In our experience, the best legal outcomes happen when there’s real trust and a shared goal of doing what’s right for the individual.
Why Choose Shanahans Law for Elder Law in NZ?
For over 60 years, Shanahans Law has been a staple of the New Lynn community. We’ve seen the specific challenges West Auckland families face, and we have the local expertise for making the complex feel simple.
We are genuinely committed to our client’s peace of mind.
Frequently Asked Questions (FAQs)
What is the difference between a Will and an EPA?
Think of a Will as a plan for “later” and an Enduring Power of Attorney (EPA) as a plan for “now.” An EPA ensures that if you lose the ability to make your own choices, someone you trust can step in immediately to manage your welfare and property. A Will deals with your assets after you are gone.
How often should I update my Will?
As a general rule, you should read your Will every three to five years to check that it is still relevant and reflects your wishes. You should update it whenever something significant changes in your life. Key changes include:
- Getting married or entering a new relationship (marriage automatically revokes an existing Will in New Zealand)
- Separation or divorce
- The death of a beneficiary or your executor
- The birth of grandchildren you wish to include
- A significant change in your assets or financial situation
- Moving into a retirement village or rest home
We store Wills that we have created free of charge and can send you a copy on request so you can review and check that nothing needs updating.
Do I need an EPA?
As you age, an EPA is one of the most important documents you can have in place, and the time to set one up is while you are well and able to make your own choices.
An EPA appoints someone you trust to manage your affairs if you ever lose the ability to do so yourself, whether through dementia, a stroke, or any other health event. Without one, no one, not even your spouse or children, has any automatic legal authority to act for you. Your family would need to apply to the Court to have someone appointed, which can be a lengthy, expensive, and distressing process at an already difficult time.
There are two types of EPA in New Zealand, one covering your property and finances, and one covering your personal care and welfare. Both are worth having.
The most important thing to know is that an EPA can only be set up while you have mental capacity. Once that capacity is lost, it is too late. Getting one in place now means your wishes are protected, and the people you love are spared the burden of sorting it out in a crisis.
Who should I appoint as my attorney in an EPA?
Choosing the right person is one of the most important decisions you will make when setting up your EPA. Your attorney will have significant power to act on your behalf, so this person needs to be someone you trust completely.
There is no single right answer, it will depend on your family and personal circumstances, but here are some things to consider:
Choose someone who is:
- Trustworthy and honest
- Organised and capable of managing financial or personal matters
- Able to make decisions under pressure
- Willing to take on the responsibility
- Likely to respect your wishes, even under pressure from others
A word of caution, family dynamics can be complicated. Think carefully about whether your choice could cause tension or conflict within your family, and whether the person you have in mind will genuinely act in your best interests rather than their own.
If you are unsure who to appoint, or if your situation is complex, we are happy to talk it through with you.
Do I need a contracting out agreement if I enter a new relationship later in life?
In most cases, yes, and it is one of the most important steps you can take to protect yourself and your family.
A contracting out agreement (sometimes called a “section 21 agreement”) allows you and your new partner to agree on different arrangements, for example, keeping your home or savings separate, or protecting assets you want to leave to your children.
Many people feel uncomfortable raising the subject with a new partner, but a contracting out agreement is not about distrust, it is simply good planning, particularly where children and existing assets are involved. A good lawyer can help you approach the conversation and draft something that works fairly for both of you.
If you would like to discuss whether a contracting out agreement is right for your situation, please get in touch with our team.
Does an existing Family Trust protect my assets from rest home fees?
The rules for “gifting” and asset testing in New Zealand are incredibly strict. While a trust can offer protection in some cases, it isn’t a magic cure-all. We can review your specific trust setup to see how it stacks up against current MSD policies.
What They Say
Secure Your Future with Confidence
Planning for the later stages of life shouldn’t be a constant source of stress. Whether you are updating your legal documents, looking at retirement villages, or dealing with a tricky family situation, the team at Shanahans Law is here to guide you. We give you the expert insights you need to make the right calls for yourself and the people you love.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Law and legislation in New Zealand are subject to change and are highly dependent on the specific facts of each case. Visiting this site or contacting Shanahans Law via email or contact form does not create a lawyer-client relationship. You should not act upon any information on this site without seeking professional legal counsel tailored to your unique circumstances. While we strive to keep our content accurate and up to date, Shanahans Law is not responsible for any actions taken based on the information provided herein.