Elder Law
Legal Support for later life
Planning ahead or helping an older family member?
Later life can bring important decisions about your Will, Enduring Powers of Attorney, property, retirement living, residential care, and who will manage your affairs if you're no longer able to do so yourself.
Smith and Partners' Elder Law team helps older New Zealanders and their families plan ahead, protect their interests, and navigate changing circumstances with confidence. From estate planning and retirement village agreements to residential care and PPPR applications, we provide practical legal advice in plain English.
How we can help
Practical legal support for later life and changing circumstances.
Some decisions can be planned for well in advance. Others arise unexpectedly when health, family circumstances, living arrangements, or care needs change.
We can help you put the right legal arrangements in place, understand the implications of important decisions, and protect your interests as your circumstances evolve.
Our Elder Law services include:
- Wills & Estate Planning – make your wishes clear and put the right arrangements in place for the future.
- Enduring Powers of Attorney – choose who you trust to make decisions for you if you're unable to make them yourself.
- Retirement Village Agreements – understand your rights, obligations, and costs before signing an Occupation Right Agreement.
- Downsizing & Property – legal support when selling your home, buying another property, or changing your living arrangements.
- Residential Care & Asset Planning – understand the legal and financial considerations when you or a loved one needs residential care.
- PPPR Applications – support when a loved one can no longer manage their own personal or financial affairs.
Planning & Protecting your Future
Planning ahead can give you greater control over your future and make things easier for your family.
We can help you put the right legal arrangements in place to protect your wishes, assets, and decision-making.
Wills & Estate Planning
Make sure your wishes are clear
A well-planned estate can provide certainty for you and the people you care about. Your Will is an important part of that planning, but it's also worth considering how your property, trusts, family circumstances, and other assets work together.
We can help you prepare or review arrangements that reflect your current circumstances and what you want to happen in the future.
Our estate planning advice includes:
- Preparing and updating Wills
- Reviewing existing estate planning arrangements
- Family trusts
- Succession planning
- Relationship property considerations
- Advance directives
- Digital assets and estates
- Pre-paid funeral arrangements
Life and family circumstances change over time. Reviewing your Will and wider estate planning arrangements regularly can help ensure they continue to reflect your wishes.
Enduring Powers of Attorney
Decide who can act for you if you can't
An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to make decisions on your behalf if you're no longer able to make those decisions yourself.
There are two types of EPA: one for your property and financial affairs, and another for your personal care and welfare.
Putting Enduring Powers of Attorney in place while you are able to make your own decisions provides greater certainty about who will act for you and can help your family avoid having to apply to the Family Court later.
We can help you understand your options, prepare your EPAs, and ensure the people you appoint understand their responsibilities.
Not sure where to start?
You don’t need to have everything figured out. Talk to our Elder Law team about what you’d like to put in place, and we’ll help you understand the next steps.
Email our Elder Law team | Call 09 836 0939
Retirement Living, Property & Care
Changes to where and how you live can have important legal and financial implications.
We can help you understand your options and make informed decisions about property, retirement village living, and residential care.
Retirement Village Agreements
Understand what you're signing before you make the move
Moving into a retirement village is a significant financial and lifestyle decision. Retirement village ownership arrangements are also very different from buying an ordinary residential property, so it's important to understand exactly what you're agreeing to before you sign.
An Occupation Right Agreement sets out your rights and obligations as a resident, including how you occupy the property, the fees you'll pay, what happens when you leave, and how much you or your estate may ultimately receive back.
Our retirement village lawyers can assist with:
- Reviewing retirement village contracts
- Occupation Right Agreements
- Licences to occupy
- Understanding entry and ongoing fees
- Explaining your rights and obligations
- Identifying important conditions and restrictions
- Understanding what happens when you leave the village
- Reviewing your Will and Enduring Powers of Attorney
- Residential conveyancing for the sale of your existing home
We'll explain your retirement village agreement in plain English so you understand the legal and financial implications before making your decision.
Downsizing & Property
Legal support for your next move
Downsizing can involve more than simply selling one home and purchasing another. You may be moving into a smaller property, buying into a different ownership structure, moving closer to family, building on family-owned land, or considering how a property decision fits with your wider estate planning.
Our Elder Law and Property teams can work together to make the transition as straightforward as possible.
We can assist with:
- Selling your existing home
- Buying a new property
- Residential conveyancing
- Unit titles and body corporates
- Cross leases
- Leasehold property
- Subdividing land
- Building on an existing property
- Residential building contracts
We can also help you consider how significant changes to your property or assets may affect your Will, Enduring Powers of Attorney, trust arrangements, or wider estate plan.
Residential Care & Asset Planning
Understand your options when care needs change
Moving into a rest home or residential care can bring significant legal and financial decisions for individuals and their families.
Questions often arise about how care will be funded, what happens to the family home, whether a Residential Care Subsidy may be available, and how existing assets, trusts, or previous gifting may affect eligibility.
We can provide advice on:
- Residential Care Subsidies
- Residential care asset thresholds
- Residential Care Loans
- Gifting and its potential impact on subsidy eligibility
- Property and financial arrangements
- Existing family trusts
- Estate planning considerations
Getting advice before making significant changes to your assets can help you understand the implications and make informed decisions based on your individual circumstances.
Planning a change but not sure what you need?
Whether you’re downsizing, considering a retirement village, or looking at residential care, we can help you understand the legal implications and what needs to happen next.
Email our Elder Law team | Call 09 836 0939
Capacity & Family Support
When someone can no longer manage their own affairs, families may need legal authority to make important decisions.
We can help you understand the options available and put appropriate protections in place.
PPPR Applications
When a loved one can no longer make decisions for themselves
If someone loses the capacity to make decisions about their personal care, welfare, property, or finances and appropriate Enduring Powers of Attorney are not in place, their family may need to apply to the Family Court under the Protection of Personal and Property Rights Act 1988.
Depending on the circumstances, the Court can make orders allowing another person to make particular decisions or manage certain affairs on their behalf.
We can assist with:
- Protection of Personal and Property Rights (PPPR) applications
- Welfare Guardian applications
- Property Manager applications
- Renewals or changes to existing orders
- Applications where someone has lost mental capacity
- Court applications relating to personal care or financial management
These situations can be difficult for families. We'll explain the process clearly, prepare the necessary documentation, and guide you through each stage.
Welfare Guardian Applications
Helping make important care and welfare decisions
Where someone is unable to make or communicate decisions about aspects of their personal care and welfare, the Family Court may appoint a Welfare Guardian.
Depending on the Court order, a Welfare Guardian may be responsible for decisions relating to matters such as care, living arrangements, and wellbeing.
We can help you understand whether a Welfare Guardian application is appropriate, who may be suitable for appointment, and the responsibilities involved.
Property Manager Applications
Protecting and managing financial affairs
If someone is no longer able to manage their property or financial affairs, the Family Court may appoint a Property Manager.
A Property Manager can be authorised to manage particular financial matters or property on behalf of the person who has lost capacity, subject to the powers and responsibilities set by the Court.
We can advise on whether a Property Manager application is appropriate, assist with the Family Court application, and explain the responsibilities that come with an appointment.
Concerns about an Enduring Power of Attorney
When existing arrangements need to be reviewed
Sometimes concerns arise about the way an attorney is exercising their powers, whether they are acting in the person's best interests, or whether existing arrangements remain appropriate.
We can advise attorneys, family members, and other interested parties on the legal obligations involved, the options available, and whether further action or Court involvement may be required.
Concerned about a family member and not sure what to do?
You don’t need to know whether you need a PPPR application, Welfare Guardian, Property Manager, or something else. Tell us what’s happening and we’ll help you understand the options available.
Email our Elder Law team | Call 09 836 0939
Why planning ahead matters
More certainty for you. Less uncertainty for your family.
Many Elder Law matters become considerably more difficult when decisions need to be made urgently or after someone has lost the ability to make those decisions themselves.
Getting legal advice early gives you greater control over decisions about your property, finances, personal care, and estate. It also gives you the opportunity to clearly record your wishes and choose who you trust to act for you if your circumstances change.
Having the right arrangements in place can provide peace of mind for you and make things significantly easier for your family in the future.
How Smith and Partners can help
Our Elder Law team helps older New Zealanders and their families navigate the legal decisions that can arise later in life.
From Wills and Enduring Powers of Attorney to retirement village agreements, residential care, property changes, and PPPR applications, we provide practical advice tailored to your circumstances.
Carolyn Ranson
Director
Peter Smith
Consultant
Kristal Rogers
Associate
Kimberley Brown
Registered Legal Executive
Mikayla Sagar
Estate Administrator
Many Elder Law matters overlap with property, trusts, estates, and family law. As a full-service law firm, our team can work together to provide coordinated advice across the different areas involved.
We’ll take the time to understand your situation, explain your options in plain English, and help you make informed decisions about what comes next.
What it’s like to work with us
Hugh G, Pipeline & Civil Ltd
Bret understands our business, the nature of what we do, and importantly, our people. As an employee-owned company, he’s even attended our AGMs and has a real ability to explain complex legal matters in a way that’s clear and accessible - no jargon.
Webster
Chantal - Thank you for the work you have done for my business partner and I over the past few months. It seems like the bank managed to make it a bit more stressful that it needed to be but you were always there to keep on top of things and work through those last minute panic's. I know having to liaise with other lawyers in the final hours can not have been fun.
Hugh G, Pipeline & Civil Ltd
While Bret is our main point of contact and always across what’s happening, it’s also reassuring to have the wider team behind him to support the work as needed.
Shenine Dube
I’m so grateful we were referred to Bret from Smith and Partners. He was incredibly helpful and empathetic in supporting our small business. The entire team made the process easy to understand and guided us every step of the way. Chantal was also amazing! We couldn’t recommend this firm more, they helped us with both our lease agreements and the sale of our business. Thanks so much, Team!
Hugh G, Pipeline & Civil Ltd
Smith and Partners have been our company lawyers for many years - well before I joined the business - and that continuity has been incredibly valuable to us. We initially worked with Peter Smith, and over time Bret stepped in as our main point of contact, which has been a seamless transition.
Vipul Wadhwa
Bret was my lawyer he is amazing I just want to say thank you Bret for all your work on the S&P of my business. The service you provide was amazing and i really appreciate your kind and patient advice when i was getting stressed because my other solicitor messed up so much. I recommend you to everyone..
Linda
Bret has been the most amazing solicitor I have dealt with. Down to earth, honest, super efficient, super fast and extremely professional. If you are after a honest and competent solicitor, Bret is the man. Many thanks Bret!!
Hugh G, Pipeline & Civil Ltd
Bret understands our business, the nature of what we do, and importantly, our people. As an employee-owned company, he’s even attended our AGMs and has a real ability to explain complex legal matters in a way that’s clear and accessible - no jargon.
Webster
Chantal - Thank you for the work you have done for my business partner and I over the past few months. It seems like the bank managed to make it a bit more stressful that it needed to be but you were always there to keep on top of things and work through those last minute panic's. I know having to liaise with other lawyers in the final hours can not have been fun.
Frequently Asked Questions
What does an Elder Law lawyer help with?
An Elder Law lawyer provides advice on legal issues that commonly arise as people plan for later life. This can include Wills and estate planning, Enduring Powers of Attorney, retirement village agreements, downsizing and property matters, residential care and asset planning, and PPPR applications when someone has lost capacity.
When should I put Enduring Powers of Attorney in place?
It's best to put Enduring Powers of Attorney in place while you are able to understand and make your own decisions.
If you lose the required mental capacity without appropriate EPAs in place, your family may need to apply to the Family Court for authority to make certain decisions on your behalf.
Do I need a lawyer before signing a retirement village agreement?
Independent legal advice is an important part of entering into a retirement village Occupation Right Agreement.
Your lawyer can explain how the agreement works, the fees and financial implications, your rights and obligations, and what happens when you eventually leave the village.
What is an Occupation Right Agreement?
An Occupation Right Agreement, often called an ORA, is the legal agreement that gives you the right to occupy a unit or property within a retirement village.
It is different from purchasing an ordinary residential property and can include important provisions relating to fees, maintenance, restrictions, termination, and what happens financially when you leave the village.
Should I update my Will when I move into a retirement village or downsize?
It's a good opportunity to review it.
Changes to your property, finances, living arrangements, or family circumstances may mean your existing Will and wider estate planning arrangements no longer reflect your current wishes.
Can Smith and Partners help sell my home before I move into a retirement village?
Yes. Our Property and Elder Law teams can work together to assist with the sale of your existing home, review your retirement village agreement, and update your Will and Enduring Powers of Attorney where required.
This allows the different legal aspects of your move to be coordinated through one firm.
What happens if someone loses capacity without an Enduring Power of Attorney?
If someone can no longer make certain decisions for themselves and appropriate Enduring Powers of Attorney are not in place, an application to the Family Court under the Protection of Personal and Property Rights Act may be required.
Depending on the circumstances, the Court may appoint a Welfare Guardian or Property Manager, or make other orders to protect the person's interests.
What is the difference between a Welfare Guardian and a Property Manager?
A Welfare Guardian is appointed to make certain decisions about a person's personal care and welfare.
A Property Manager is appointed to manage particular property or financial matters.
The powers given to each person depend on the orders made by the Family Court.
Can gifting affect my eligibility for a Residential Care Subsidy?
It can. Previous gifting and changes to asset ownership may be considered when eligibility for residential care assistance is assessed.
Getting advice before making significant changes to your assets can help you understand the potential implications for your individual circumstances.
When should my family seek legal advice about residential care?
You don't need to wait until moving into residential care becomes urgent.
Seeking advice earlier gives you more time to understand the financial and legal considerations, review your existing property and estate planning arrangements, and make informed decisions about the options available.
Latest Elder Law Insights
Practical guidance to help you plan ahead, protect your interests, and navigate important legal decisions for yourself and your family.

















