Are you someone who likes to plan for the future? Or you’d prefer not to talk about it at all? Either way, discussing things that might happen in the future, like serious illness, funeral planning and death can be hard. But they’re important conversations to be having.  

It might not be the first thing that springs to mind as you're standing around the barbecue or enjoying a picnic with family over summer, but having the family together can be a great opportunity to begin some of the ‘big’ conversations we all need to have. 

Angela Jackson, Public Trust’s Head of Service Delivery – North Island, says having these conversations with your loved ones before they are needed benefits everyone. 

“So many people are reluctant to talk about and plan for things like this. We see this every day at Public Trust in our work supporting people to get their wills and enduring powers of attorney (EPAs) completed,” Jackson says. 

“Having these documents set up before you need them is one of the best gifts you can give your loved ones, as it can make things much easier down the track,” she says. 

“Talking about your own wishes and what’s important to you can help encourage others to think about the same.” 

Questions to get a conversation going 

So, how do you start these types of conversations with your family? Here are some questions you could ask.  

• Ease into the conversation with some less confronting questions like: have you thought much about the future and what could happen? 

• Do you have plans in place should anything happen to you?  

• What might happen if you end up unable to make decisions for yourself? Say you were to have a stroke, serious accident, brain injury, or develop dementia. Who would make decisions for you? 

• If anything were to happen to you, have you ever thought about what you’d like at your funeral? What songs are your favourite, or what type of flowers would you like to have?  

• Do you have any treasured items you’d like to pass on to certain people when you die?  

• What would you like to happen with your assets when you die?  

• Are there any charities close to your heart that you’d like to include a gift in your will to?   

What are the benefits of a will? 

There are many benefits of a will. Having a will that clearly outlines our wishes for what you’d like to happen when you die can give clarity and reassurance to all the important people in your life, as well as peace of mind for ourselves. In fact, it’s one of the greatest gifts you can give family.  

Many people think everything will automatically go to their partner or next of kin when they die, but this is not the case. If we die without a will, it can be more difficult, take longer, and be more stressful for whanau left behind, who may not know what our wishes were (or have conflicting ideas). 

What is an enduring power of attorney (EPA)? 

EPAs are legal documents that allow a trusted person you’ve chosen to make decisions when you no longer can about your property, finances and personal care and welfare. There are two types of EPAs: personal care and welfare, and property. Both need to be made while you’re mentally capable.  

What are the benefits of EPAs? 

EPAs let you choose and gives you peace of mind. Setting up EPAs before they are needed gives you peace of mind you’ve made choices about your future. You’ve nominated a person you trust, ahead of time. Trustee corporations (like Public Trust) can also be appointed as property attorneys.  

EPAs can make things easier. If you no longer have the mental capacity to make decisions and you don’t have EPAs in place, someone will need to apply to the Family Court to have the right to make these decisions on your behalf. Making a Court application can be expensive, take time, and be stressful for loved ones. A spouse does not automatically have the right to take over things, and the person the Court appoints may or may not be someone you would have chosen. 

EPAs can help avoid time delays. A good example of this is if an older loved one suddenly ends up in hospital. They may need to move from the hospital into an aged care facility for the first time. Many aged care services require a person to have EPAs before entering care. This means your loved one would have to get an EPA in order to move. If they are not mentally capable anymore, a court application is required to put a property manager or welfare guardian in place (this is a different role to an attorney under an EPA). 

EPAs can help you be proactive about future planning. Accidents and illness that cause a person to lose mental capacity can strike at any age, so it makes good sense for Kiwis to have EPAs in place. While no one can predict the future, an EPA is a wise back-up plan, and increasingly important as we age.