What is an Enduring Power of Attorney (EPA or EPOA)
An enduring power of attorney (EPA or EPOA) is a legal document. It gives someone you trust the power to make decisions for you if you are unable to make them yourself.
There are two types of EPAs:
- Personal care and welfare (for decisions about personal care, medical treatment, health and welfare and living situation etc)
- Property (for decisions about financial assets, arranging benefits, paying bills, property, taking care of bank accounts and other assets)
Why you may want an EPA
- Planning ahead for a time in the future which you may not be able to make or communicate important decisions in your life. For example, if you have an accident or serious illness or mental incapacity and become unable to make or communicate personal care or welfare decisions.
- If you’re a young person with an intellectual disability and you will soon be turning 18
- If you have an age-related illness like dementia of Alzheimer’s
Choosing your attorney
An attorney is the person appointed in the EPA to make decisions for the donor (the person making the EPA).
An attorney must:
- be at least 20 years old
- not be bankrupt
- not be subject to any personal order or property order (an order from a Family Court judge about a person’s personal care and welfare or about their money and property, in situations where the person is unable to make decisions for themselves).
You can also choose a trustee corporation (such as Public Trust) to be an attorney for your property EPA (but not for your personal care and welfare EPA).
How to set up an EPA
You can set up an EPA through a lawyer or trustee corporation.
There are forms that need to be completed, signed and witnessed in the presence of either a lawyer, qualified legal executive or an authorised officer or employee of a trustee corporation.
Resources
The court & enduring power of attorney (EPA) | New Zealand Ministry of Justice
Create an enduring power of attorney | New Zealand Government