EnduringPowerofAttorney
Enduring Power of Attorney for personal care and welfare, property management, and General Power of Attorney documents.
How we can help
An Enduring Power of Attorney (EPA) is one of the most important legal documents you can put in place, yet it is often overlooked until a crisis occurs. Under the Protection of Personal and Property Rights Act 1988, an EPA allows you to appoint a trusted person to make decisions on your behalf if you lose mental capacity due to illness, injury, or age-related decline. Without an EPA, your family may need to apply to the Family Court for a personal order or a property order - a process that can be stressful, time-consuming, and expensive.
There are two types of EPA in New Zealand. An EPA for personal care and welfare covers decisions about your health, living arrangements, and day-to-day welfare, and it only takes effect when you become mentally incapable. An EPA for property covers your financial affairs, business interests, and assets, and can take effect immediately or upon incapacity, depending on your preference. At Indus Legal, we explain the practical differences and help you decide what is right for your circumstances.
Our Auckland lawyers ensure your EPA documents are correctly executed and witnessed in accordance with the Act, which has strict formality requirements. We also advise on choosing the right attorney, including the option of appointing successor attorneys and setting specific conditions or restrictions on their authority. For couples and families in Botany, South Auckland, we regularly prepare EPAs alongside wills and estate plans to provide comprehensive protection.
What we help with
- Enduring Power of Attorney for personal care and welfare
- Enduring Power of Attorney for property and financial affairs
- General Power of Attorney for short-term or specific purposes
- Advice on choosing and appointing suitable attorneys and successor attorneys
- Setting conditions, restrictions, and instructions for your attorney's authority
- Ensuring correct execution and witnessing under the Protection of Personal and Property Rights Act 1988
Frequently asked questions
What is the difference between an Enduring Power of Attorney and a General Power of Attorney?
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A General Power of Attorney authorises someone to act on your behalf while you still have mental capacity - for example, while you are travelling overseas. It automatically ceases if you lose capacity. An Enduring Power of Attorney, by contrast, continues to operate (or begins to operate) when you become mentally incapable. An EPA is the only way to ensure someone you trust can manage your affairs if you can no longer do so yourself.
Can I have more than one attorney under my EPA?
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Yes, you can appoint more than one attorney to act jointly (together), jointly and severally (together or independently), or you can appoint a primary attorney with a successor who steps in if the primary attorney is unable or unwilling to act. Our lawyers discuss the pros and cons of each arrangement to help you choose the structure that best suits your family dynamics and practical needs.
What happens if I do not have an EPA and I lose mental capacity?
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If you lose mental capacity without an EPA in place, no one automatically has legal authority to manage your finances or make welfare decisions for you. Your family would need to apply to the Family Court under the Protection of Personal and Property Rights Act 1988 for a property or welfare order, which can take months, involves court costs, and may result in a court-appointed manager rather than someone of your choosing.
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