# Office for Seniors — Enduring Power of Attorney in relation to property: notes, form and witness certificate

- Document ID: doc-0112
- Publisher: Office for Seniors, Ministry of Social Development
- Catalogue document/publication label: July 2021
- Physical pages in preserved original: 22
- Original capture/access label: June 2026
- Evidence reviewed: 9 October 2026

[Preserved original](/pdfs/2021%20-%20Office%20for%20Seniors%20-%20EPA%20Property%20Form.pdf) · [Primary source](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/how-to-create-an-enduring-power-of-attorney)

## Synopsis

Property EPA package with five notes pages, fourteen appointment pages and three witness-certificate pages; current official PDF and Word formats have a trust-law reference discrepancy.

## What this document contributes

This property EPA package contains five pages of notes/glossary, fourteen pages of appointment form and a three-page donor-witness certificate. It helps donors consider attorneys and successors, activation timing, joint or separate action, property scope, oversight, conditions, benefits and gifts. The current Office for Seniors PDF is byte-identical to the preserved file. However, its property notes retain a Trustee Act 1956 reference, while Justice’s current Word form changes the wording and the official regulations use Trusts Act 2019. These differences must remain visible rather than treating all downloads as one current edition. The publisher lists July 2021; metadata and webpage updates are separate dates. The blank form does not itself establish a valid appointment or unrestricted financial authority.

## Package contents

- Physical pp.1–5: Notes and glossary (separate printed numbering 1–5 of 5).
- Physical pp.6–19: Property EPA appointment form (separate printed numbering 1–14 of 14).
- Physical pp.20–22: Certificate of witness to donor signature (separate printed numbering 1–3 of 3).

## Substantive findings

- Twenty-two physical pages comprise notes/glossary (1–5), appointment form (6–19) and witness certificate (20–22). The appointment form alone is fourteen printed pages, not ten. Original physical page references: 1, 5, 6, 19, 20, 22.
- The form permits one or more property attorneys, including an eligible individual or trustee corporation; successor appointments and joint/several arrangements are choices to consider. Original physical page references: 1, 7, 8, 9, 10.
- Section D offers activation while capable and continuing on incapacity, or only on incapacity. Current official guidance separately explains when certification or a court decision is required. Original physical page references: 8. [Additional primary source](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/when-an-epa-comes-into-effect).
- Sections G–M address property scope, possible court authorisation of a will, consultation, information recipients, benefits, gifts/donations and conditions; the form does not give an unrestricted right to benefit the attorney. Original physical page references: 10, 11, 12, 13, 14, 15.
- The notes describe financial transaction records and named information recipients; the form offers oversight arrangements and coordination with other EPA attorneys. Original physical page references: 2, 12, 13.
- Donor/attorney signatures occupy physical pp.16–19; the appended certificate requires authorised-witness qualification, explanation and donor-understanding checks on pp.20–22. Original physical page references: 16, 17, 18, 19, 20, 21, 22.
- The preserved/current Office PDF notes say Trustee Act 1956 (physical p.2); Justice’s current Word form literally says Trust Act 2019; the official regulations version 30 January 2021 says Trusts Act 2019 (physical p.6). Do not silently substitute wording or infer validity of a signed EPA. Original physical page references: 2. [Additional source 1](https://www.justice.govt.nz/family/powers-to-make-decisions/the-court-and-enduring-power-of-attorney-epa/) · [Additional source 2](https://legislation.govt.nz/secondary-legislation/pco-drafted/2008/310/en/2021-01-30.pdf)
- Current Office PDF is byte-identical to this original. Justice/Office Word forms also differ at eleven Ms/Miss title fields; Justice’s 17 September 2026 page update and DOCX metadata do not establish a statutory commencement date. Original physical page references: 1. [Additional primary source](https://www.justice.govt.nz/family/powers-to-make-decisions/the-court-and-enduring-power-of-attorney-epa/).

## Uses and implications

Prepare a property EPA adviser appointment around activation, scope, successors and financial oversight. Compare exact official formats before use and preserve the Office/Justice/regulations wording discrepancy without inferring validity of any signed EPA.

- Discuss whether authority begins while capable or only on incapacity, and whether multiple attorneys act jointly or separately.
- Consider named consultation and information recipients, limits on benefits/gifts and transaction records.
- Confirm the appropriate current form and witnessing requirements with an authorised adviser; official formats differ and the original is preserved without a legal-validity finding.

Intended readers: Prospective property EPA donors; Whānau and property attorneys preparing oversight arrangements; Legal advisers and information publishers comparing official versions.

- Reconcile trust-law wording across official PDF/Word downloads and statutory forms before describing them as one version.
- Show complete package page counts and separate publication, file metadata, webpage update and statutory version dates.

## Identity, dates and provenance

- Publisher resource publication month: July 2021
- PDF creation metadata: 2021-07-26T16:45:24+12:00
- PDF modification metadata: 2021-09-22T13:39:21+12:00
- Justice webpage update: 2026-09-17
- Justice DOCX creation and modification metadata: 2026-09-16T21:15:00Z
- Official regulations version date: 2021-01-30
- Exact original first publication: Not established
- Original capture label: June 2026
- Primary-source evidence review: 2026-10-09

Technical metadata, webpage updates, statutory version/effective dates and publisher publication labels are distinct. A missing exact first-publication day is not supplied from metadata or the review date.

The original PDF and filename are preserved. SHA-256: `832524b67368938ef0791de848beeaa41da4aef38c6c550fafc2aa06464e9b88` (572,583 bytes). On 9 October 2026 the [Office for Seniors PDF](https://www.officeforseniors.govt.nz/assets/documents/our-work/EPA/Enduring-power-of-attorney-in-relation-to-property-v2.pdf) was byte-identical to this original. This comparison does not extend to all official Word/PDF formats.

## Official format differences

The original/current Office property PDF notes say **Trustee Act 1956** on physical p.2. Justice’s current property Word form literally says **Trust Act 2019**, while the official regulations version 30 January 2021 uses **Trusts Act 2019** in Form 1 notes, physical p.6. Justice/Office Word versions also differ in eleven Ms/Miss title fields. Preserve these source differences; this brief does not determine any signed EPA’s validity or invalidity.

## Evidence limits

Blank official package whose current official PDF/Word wording is not identical across publishers. Preserve historical references and link current guidance/regulations; do not imply legal invalidity, document completeness for an individual case, or unlimited spending/gifting/will-making power. Publication month, metadata dates, webpage updates, statutory version/effective dates, capture and review remain distinct.

A blank form package is not an executed EPA, a capacity assessment or an individual legal-compliance finding.

## Primary sources and research provenance

- [Office for Seniors: creating an EPA](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/how-to-create-an-enduring-power-of-attorney)
- [Office for Seniors: resources and publication-month labels](https://www.officeforseniors.govt.nz/resources-publications?action_doDocumentSearch=Apply&enduring-power-of-attorney-7=1)
- [Office for Seniors: when an EPA comes into effect](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/when-an-epa-comes-into-effect)
- [Justice: EPA forms and court review](https://www.justice.govt.nz/family/powers-to-make-decisions/the-court-and-enduring-power-of-attorney-epa/)
- [MSD: 16 March 2017 reform announcement](https://www.msd.govt.nz/about-msd-and-our-work/newsroom/media-releases/2017/new-forms-for-creating-enduring-powers-of-attorney-released.html)
- [Official regulations version 30 January 2021](https://legislation.govt.nz/secondary-legislation/pco-drafted/2008/310/en/2021-01-30.pdf)

Repository research fixture `artifacts/research/epa-originals-and-current-primary-sources-2026-10-09.json` records preserved originals, hashes, full page evidence, exact current downloads, wording comparisons and date limitations.