Dealing with Legal Matters When Those Involved are in Different Places
A move into a retirement village does not always happen close to home. Fortunately, with secure technology and legal processes that now see meetings to be held online and allow many documents to be validly signed electronically, an intercity or inter-town move can be much easier to coordinate.
The person moving may still be in Auckland while looking at a retirement village elsewhere in teh country. Or, they may be moving from other cities or the regions into Auckland, to be closer to adult children, medical care, transport or better retirement options. An attorney, trustee or adult child may also be helping with the move from another town, another city or overseas.
That can all be managed, but it helps to know early who is involved, who has authority to sign, and which documents can be dealt with online and which still need to be signed in person.
Working by Zoom or audio visual link
A lot of legal work can be done online now.
We regularly meet with clients, attorneys, trustees and adult children by Zoom or other audio visual link (Teams, WhatsApp). This works well when someone is moving to another town or city, where family are helping from overseas, or where it is simply easier for the right people to meet online rather than trying to arrange everyone in one room - perhaps due to mobility issues.
Online meetings can be used to talk through the Occupation Right Agreement, explain the legal issues, discuss the sale of the family home, review trust matters, and work out who needs to sign what.
This can be particularly helpful where an attorney is involved, or where family members want to understand the process but are not the client or decision-maker. It allows the right people to be included, while still keeping the legal roles clear.
Signing documents electronically
Some retirement village and property documents can be signed electronically.
This can include the Occupation Right Agreement, some trust documents, and property transfer documents or authorities used for conveyancing (selling real estate). Where electronic signing is suitable, it can make the process much easier, especially if someone is moving between cities or if family members and trustees are in different places.
The signing still needs to be done properly. Identity needs to be checked. The person signing needs to understand what they are signing. If an attorney or trustee is signing, their authority needs to be checked. If the document is part of a property transaction, the signing process needs to meet the required conveyancing standards.
Electronic signing is useful, but it does not remove the need for proper legal advice or proper records.
Some documents still need in-person signing
Not everything can be dealt with by electronic signature.
Wills and Enduring Powers of Attorney need particular care. They have their own signing and witnessing requirements, and they should be signed in person.
If a client is moving to another part of New Zealand, or if they are already in a different location, we can help coordinate the signing process so the documents are signed correctly.
This is important. A Will or EPA that is not signed properly may not work when it is needed. It is much better to take a little more care at the signing stage than to create uncertainty later.
When an attorney is helping
Sometimes the person moving into a retirement village has already appointed an attorney under an Enduring Power of Attorney in relation to Property.
The attorney may be helping, the Donor of the EPA, because the Donor moving wants support, or because they no longer have capacity to deal with all of the legal and financial arrangements themselves. The attorney may be in the same city, elsewhere in New Zealand, or overseas.
If an attorney is involved, their authority needs to be checked early. It is important to know whether the EPA is in force, what decisions the attorney can make, whether any medical certificate is required, and whether there are any conditions or restrictions in the EPA.
The attorney’s role also needs to be understood by the family. An attorney is not simply “the child who is helping”. They have legal duties and must consult with the donor, as much as may be possible, and act in the donor’s best interests. If the attorney is signing an ORA, property documents or trust-related documents, those steps need to be handled carefully.
Keeping the roles clear
A move into a retirement village or a care suite can involve a lot of people.
There may be adult children helping with village visits, the house sale, downsizing, estate clearing, meetings, paperwork and family discussions. There may be trustees if a family trust is involved. There may be an attorney if the person moving needs help with decision-making or signing. There may be executors named in a Will, although they do not have authority while the person is alive.
It helps to be clear about who is doing what.
- Who is the client?
- Who is giving instructions?
- Who is signing?
- Who is helping with practical arrangements?
- Who needs to be kept informed?
- Who does not have authority to make decisions, even though they are involved?
These questions are not about excluding family. They are about keeping the legal process clear and making sure the right person signs the right document in the right capacity.
Moving away or moving closer
The legal issues can be similar whether someone is moving out of Auckland or into Auckland.
A person may be leaving Auckland to be closer to family, to reduce maintenance, or to move into a village in a smaller centre. Someone else may be moving into Auckland because adult children are here, specialist medical care is easier to access, or the village options better suit their needs.
In both cases, the legal work may need to be coordinated across more than one location. The family home may be in one city, the village in another, and the people helping may be somewhere else again.
That is where a structured process helps. The ORA advice, property sale, trust review, Will, EPAs and signing arrangements can all be worked through in the right order, even when everyone is not nearby.
Getting the process organised
The most useful thing is to identify early who is involved and what documents are likely to be needed.
Is the person moving able to give instructions and sign personally?
Is an attorney involved?
Is there a family trust?
Is the family home being sold?
Are trustees or adult children in different locations?
Are the Will and EPAs up to date?
Which documents can be signed electronically, and which need in-person signing?
Once those things are known, the process is usually much easier to manage.
How we can help
We regularly work with residents, attorneys, trustees and adult children across New Zealand and overseas. Meetings can be held by Zoom or other audio visual link. ORAs, property documents and many trust documents can often be signed electronically where appropriate. Wills and EPAs can be coordinated so they are signed in person and witnessed properly.
A move into a retirement village already has enough moving parts. The legal process should help bring those parts together, particularly where people are moving between cities or family members are helping from a distance.
Get in touch if you would like us to assist you with this new chapter in your life.