Enduring power of attorney

An enduring power of attorney (EPA or EPOA) is a legal document. It gives the people you trust the power to make decisions for you, if you’re unable to.

The purpose of an enduring power of attorney

When you create an enduring power of attorney (EPA or EPOA), you’re planning ahead — for a time in the future when you may not be able to make or communicate important decisions about your life.

You (the donor) choose:

  • 1 or more trusted people (your attorneys) to make decisions on your behalf
  • the kinds of decisions your attorneys can make.

An EPA is created on an individual basis, but if you’re in a relationship (marriage, civil union or de facto), your EPA might be similar to your partner’s.

Definitions of enduring power of attorney roles

Two types of EPA

Each EPA covers a different aspect of your life but they have a lot in common. For example, their benefits, the process to create them and the roles of the people who you give your authority to.

Keep reading to find out what’s common to both types of EPA, or use these links to learn what’s unique about each type.

You can create both types of EPA or just 1.

The benefits of having an EPA

Just like with a will, it’s good to be prepared by having an EPA in case something happens to you.

If you’re over the age of 18, you should consider creating an EPA — to protect your interests in case you become incapacitated.

An EPA does not replace anyone you’ve chosen as executor or beneficiary in your will. Your EPA is separate from your will. When you die, your EPA has no further authority and your will takes effect instead.

Probate and wills

Before you set up an EPA

Setting up an EPA involves some costs and requires planning in advance.

You might need some time to make decisions about the details before you’re ready to create an EPA. This planning in advance could save you some costs.

Choose your attorneys

This is an important decision that you should think carefully about.

You may want a different attorney for each type of EPA. The skills needed to look after your personal care and welfare are often different than what’s needed for your money, property and other assets.

If things go wrong with your EPA

Ask the family court for help if you’re having problems with your EPA — or an EPA that you’re an attorney for.

It’s free to ask the family court to look into issues with an enduring power of attorney.

Help from the family court

The family court can:

  • provide advice to an attorney about using their powers
  • tell your attorneys what to do
  • help if there’s conflict between an attorney for personal care and welfare and the attorneys for property
  • review decisions your attorneys have made
  • support your family or others, such as your doctor or social worker, if they’re worried about your attorneys’ decisions.

The family court can stop your attorneys or cancel an EPA if it decides:

  • your attorneys are not acting in your best interests or not fulfilling their responsibilities
  • you were pressured into appointing your attorneys
  • your attorneys are unsuitable because of their relationship to you, their mental state or criminal activity.

Learn more about:

  • the family court’s role
  • who can apply to the court for help
  • the forms to apply for an EPA to be reviewed.

Involving the family court — Ministry of Justice

Examples of problems you might have with your EPA

The family court can help you with, for example:

  • the EPA does not name a successor attorney and the attorney has died or is unable to fulfill their responsibilities
  • an attorney abuses their authority or neglects their role
  • the workload is greater than the attorney can manage
  • there’s a breakdown in trust between the donor, family members and the attorneys
  • the EPA’s requirements are not clear
  • there is a difference of opinion between family members over an attorney’s decision
  • the attorney does not accept the EPA has been terminated
  • a conflict between the attorney for personal care and welfare and the property attorneys
  • a difference in opinion about the donor’s mental capability
  • the suitably qualified medical practitioner has been slow to make an assessment or there is a disagreement about their assessment
  • conflict between property attorneys
  • family members disagree with the donor over who owns a particular property
  • the attorneys struggle to manage the donor’s business due to poor record keeping and a lack of documented business processes.

If you do not have an EPA

You cannot assume if something happens to you, close family members (your spouse, partner, siblings or children) or friends, have an automatic legal right to make decisions for you.

If you need help but do not have an EPA, you can apply to the family court for:

  • a welfare guardian or personal order
  • a property manager or an order to administer property.

These roles and orders provide support that’s similar to an EPA.

Welfare guardian and personal orders — instead of an EPA

Property manager and property orders — instead of an EPA

The process to get this help can be expensive and slow and the court may not choose the person you wanted. Urgent assistance may be possible in some situations.

The legislation for EPAs

The personal and property rights of people who are not able to manage their own affairs are set out in the Protection of Personal and Property Rights Act 1988.

This Act includes enduring power of attorney (EPA) for both types of EPA — personal care and welfare, and property.

Protection of Personal and Property Rights Act 1988 — NZ Legislation

Who to contact for more help

If you need more help or have questions about the information or services on this page, contact the following agency.

Utility links and page information

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