Enduring Powers of Attorney: What They Are and Why They Matter

Most people know they should have a Will. But fewer realise there’s another document that’s just as important – one that protects you while you’re still alive.

That document is an Enduring Power of Attorney (EPA).

An EPA lets someone you trust step in to make decisions for you if you can’t. It’s straightforward to set up, but it removes a lot of uncertainty for the future.

 

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document where you appoint someone you trust – your attorney – to make decisions on your behalf if you lose the ability to make them yourself.

Unlike a general power of attorney, which stops if you become mentally incapable, an EPA continues – or endures – even if that happens.

 

The two types of EPAs

In New Zealand, there are two different EPAs:

Property EPA

• Covers decisions about your finances, home, and other property

• Can start immediately if you choose, or only if you lose mental capacity

Personal Care and Welfare EPA

• Covers decisions about your health, living arrangements, and welfare

• Can only be used once you’ve been assessed by a health practitioner as mentally incapable

You can appoint the same person for both roles or choose different people, depending on who’s best suited.

 

Why you need an EPA

Without EPAs in place:

• Your family cannot automatically make legal, financial, or medical decisions for you

• They may have to apply to the Family Court to be appointed as your property manager or welfare guardian

• That process can be slow, costly, and stressful – and it may not give the people closest to you the flexibility they need

An EPA avoids all of this. It ensures someone you trust already has the legal authority to act for you when it’s needed most.

 

When should you set them up?

The short answer? Before you need them.

You can only sign an EPA while you still have mental capacity. Once you’ve lost the ability to understand the document, it’s too late.

Think of an EPA like a Will for your lifetime. A Will takes care of what happens after you’re gone. An EPA protects you while you’re alive.

 

Who can you appoint?

Your attorney should be someone you trust completely. They must:

• Be at least 20 years old

• Be capable of making practical decisions in your best interests

• Understand your values and what matters most to you

• Be willing to take on the responsibility if needed

For a Property EPA, you can appoint more than one person and decide whether they must act together or separately. For a Personal Care and Welfare EPA, you can only appoint one person at a time – but you can name a successor in case your first choice can’t act.

 

Can you change your EPA later?

Yes. As long as you still have mental capacity, you can revoke or change your EPA at any time.

 

Why are EPA documents so detailed now?

EPA documents are longer than they used to be. This isn’t to make things harder – it’s because New Zealand’s laws have been updated to give more protection to people at their most vulnerable.

Modern EPAs include:

• Clearer explanations of your attorney’s duties

• Options for monitoring how decisions are made

• Extra safeguards to ensure your wishes are followed

The extra detail gives you more control, not less.

 

The key takeaway

EPAs are just as important as a Will. They’re about making life easier – for you and for the people you trust – if something unexpected happens.

They’re not just for “older people”. Anyone can lose capacity through illness or injury. Putting EPAs in place now means your decisions can still be made the way you want them to be, without your loved ones having to go through the Family Court. Get in touch.