Types of EPA in New Zealand
An enduring power of attorney is not ‘one size fits all’. New Zealand law recognises two main types of EPA, each covering a different part of your life. You can appoint the same person for both, or choose two different people, depending on who you feel best understands your needs.
Property EPA
An EPA for property covers your financial and property matters - things like paying bills, managing bank accounts, selling a home, or handling investments.
It is your decision when this EPA will take effect: whether that’s immediately, if you require help with finances straight away, or only if a time comes when you can no longer manage these decisions on your own.
Personal care and welfare EPA
A personal care and welfare enduring power of attorney covers decisions about your health, wellbeing, and daily living - from the type of support you receive, to where you live.
Unlike the property EPA, this type can only be activated if a qualified health practitioner (usually your GP) confirms that you’re no longer able to make these choices yourself.
Having both types of EPA in place means that no matter what the future holds, the people you trust can step in to keep your life running as smoothly as possible.
Ordinary vs. enduring power of attorney
An ordinary or general power of attorney is usually temporary; for example, if you’re overseas for several months and need someone to sign paperwork on your behalf. An ordinary POA is only valid while you’re mentally capable.
An EPA for personal care and welfare only starts if you lose your mental capacity. An EPA for property can start as soon as it’s created, sometime later, or only if a suitably qualified medical practitioner decides you do not have the mental capacity to manage your money, property and other assets.
Choosing attorneys and understanding their responsibilities
The person you choose as your attorney will potentially be making significant decisions that affect your wellbeing or finances, so it’s important you choose someone who you feel respects you and knows you well.
Qualities to look for include:
- Trustworthiness and reliability: They’ll be responsible for acting in your best interests.
- Good communication: Able to listen and keep others informed.
- Availability and willingness: Being the EPA can take time and energy, so they need to be prepared for that responsibility.
You may feel one person is best suited to handle finances while another is better at supporting your personal care decisions, and that’s okay. You can appoint them separately.
By law in New Zealand, attorneys must follow your instructions in the EPA, keep clear records of decisions, and always act in your best interests. A calm, honest conversation about your values and wishes now can make their role much easier later.
Setting up your enduring power of attorney: forms and legal requirements
You don’t need to wait for a change in circumstances to set up an Enduring Power of Attorney. Often, establishing EPA(s) early allows for the choice to be made while you feel confident and in control of your decision making. To set up an EPA:
- Seek guidance: Talk to a lawyer, registered legal executive, or organisations such as Public Trust or a Community Law Centre.
- Decide which type of EPA you need: You may decide to set up an EPA for property and EPA for personal care & welfare, or both.
- Complete the official forms: Use the approved enduring power of attorney forms provided by your lawyer, or they can be found on the NZ Government website.
- Sign with a witness present: This is legally required, and your lawyer can advise you of the witnessing requirements.
- Share copies: Give certified copies to your chosen attorney(s), your GP, trusted family members, and anyone who might need them in the future.
When and how an EPA is activated
- Personal care and welfare EPA:
This type of EPA can only be activated once a qualified health practitioner confirms in writing that you are no longer able to make decisions about your own care. - Property EPA:
It is your choice whether this type of EPA starts immediately, or only if you lose mental capacity.
When activation happens, your attorney can make decisions within the boundaries you’ve set out in the document.
To avoid delays should an emergency situation arise, make sure your family/whānau (and any care home you move into) know who your attorneys are, and have their own copies of your paperwork.
Essential documents for a smooth care home transition
If you’re planning a move into a care home, having your EPA(s) ready before you arrive can reduce stress for you and your family/whānau.
Your EPA(s) tells the care home team who to reach out to about important decisions regarding your care or finances.
Do I need an EPA if I’m moving into a care home?
You will require EPA(s) when moving into a care home if you are not able to make decisions about your own care and finances at that time. Otherwise, your family or your representative will need to apply to the Family Court to have a property and/or welfare guardian appointed for you to make decisions on your behalf.
If you are able to make decisions about your own care and finances at the time you move into care, it is still highly recommended that you have your EPA(s) in place so that there will be someone to make decisions on your behalf if things change and you are not able to make your own decisions. Having EPA(s) can make your care home paperwork a smoother process, as well as helping your family/whānau and care team make timely, respectful decisions on your behalf if the need arises.
Living will and advance directives: Complementary planning tools
While an EPA chooses who will speak for you, a living will, or advance directive, helps guide what they say.
These documents let you record your preferences, such as the kinds of treatments or interventions you would or wouldn’t want in certain circumstances. When paired with an EPA, they give your attorney, doctors, and care team a clearer picture of your values and the choices that matter most to you.