# Enduring Powers of Attorney — Citizens Advice Bureau (CAB) **Source URLs:** - https://www.cab.org.nz/article/KB00001269 (EPA overview) - https://www.cab.org.nz/article/KB00001270 (Choosing and managing an attorney) - https://www.cab.org.nz/article/KB00001279 (Without an EPA — Court options) **Publisher/Organisation:** Citizens Advice Bureau New Zealand **Date accessed:** June 2026 **Publication date:** Regularly updated **Folder/category:** 06 Legal and Financial Planning **Source type:** Web capture **NZ-specific:** Yes **Reliability rating:** High (well-respected community legal information provider) ## Why this source matters The Citizens Advice Bureau provides free, independent, and accessible legal information to the public. Their articles on EPAs are written in plain language and cover practical scenarios — including what happens when there is NO EPA, the role of the Family Court, and the income and property thresholds that determine the type of court order. This is especially useful for families who discover too late that no EPA was in place. ## Summary These three CAB articles cover the full spectrum of enduring powers of attorney in New Zealand: the difference between Ordinary and Enduring Powers of Attorney, when an EPA starts and ends, the role and responsibilities of an attorney, and — critically — what happens if someone loses mental capacity without an EPA in place. The third article explains the Family Court process for appointing a welfare guardian or property manager, including the cost implications and financial thresholds ($40,000 income, $25,000 property value) that determine the court track. ## Key facts - **Ordinary vs Enduring Power of Attorney:** - **Ordinary PoA:** Ends when the donor loses mental capacity. Good for temporary situations. - **Enduring PoA (EPA):** Continues or takes effect when the donor loses capacity. The only option for planning ahead. - **When EPA starts:** - Property EPA: Can start immediately or when the donor loses mental capacity (specified in document) - Personal Care & Welfare EPA: Starts only when the donor cannot make their own decisions - **When EPA ends:** - When the donor dies - When the donor revokes it (while still having capacity) - When the attorney dies, becomes bankrupt (property EPA), or loses capacity - When the Family Court revokes the attorney's appointment - **What happens if NO EPA exists:** - No one can legally make decisions for the person who has lost capacity - An application must be made to the Family Court - The Court can appoint a **welfare guardian** (personal decisions) and/or a **property manager** (financial decisions) - This is a more expensive, time-consuming, and stressful process than having an EPA in place - **Family Court application details:** - The Court must be satisfied the person lacks capacity - The Court considers the person's views (if known) and the views of family and carers - Court orders can be short-term or long-term - A lawyer may need to be appointed to represent the person - The person appointed must act in the person's best interests - **Thresholds for property management orders:** - **Income threshold:** Court order needed if the person's income exceeds $40,000 per year (if no EPA) - **Property threshold:** Court order needed if the value of property or assets exceeds $25,000 (if no EPA) - These thresholds determine when an application to the Family Court is necessary - **Cost of Family Court application:** Can be several thousand dollars in legal fees vs the cost of setting up an EPA (typically a few hundred dollars) ## Practical use cases - A family discovers their elderly parent has dementia and no EPA has been set up — they need to urgently understand their options - Someone wants to understand the difference between an Ordinary PoA and an EPA before setting one up - An attorney has been appointed under an EPA and wants to understand their responsibilities - A person is deciding whether to appoint a family member or Public Trust as their attorney - Understanding the cost and stress of Family Court applications motivates someone to get an EPA in place now ## Relevant excerpts > "An Ordinary Power of Attorney ends if you lose the ability to make decisions. An Enduring Power of Attorney carries on — or starts — when you lose the ability to make decisions." > "If you have not made an EPA and then you lose the ability to make your own decisions, no one can legally make decisions for you. Someone will need to apply to the Family Court to be given authority to make decisions on your behalf." > "The court will consider whether there is a need for a welfare guardian or property manager. They will ask the person's family and carers for their views, and they will have a lawyer appointed for the person if needed." > "Getting an EPA set up while you have capacity is much simpler, quicker, and cheaper than dealing with a Family Court application later on." ## Related links - [Community Law - Enduring Powers of Attorney Guide](https://communitylaw.org.nz/community-law-manual/chapter-10-decision-making-and-powers-of-attorney/enduring-powers-of-attorney-planning-ahead-by-choosing-someone-to-make-decisions-for-you/) - [Law Society - Powers of Attorney](https://www.lawsociety.org.nz/for-the-public/common-legal-issues/powers-of-attorney/) - [Office for Seniors - EPA resources](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/) - [Ministry of Justice - EPA and the Court](https://www.justice.govt.nz/family/powers-to-make-decisions/the-court-and-enduring-power-of-attorney-epa/) - [Public Trust - EPA services](https://www.publictrust.co.nz/products-and-services/enduring-power-of-attorney/) - [Standard EPA forms](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/how-to-create-an-enduring-power-of-attorney) ## Notes CAB articles are written for the general public and are reviewed regularly. The income threshold ($40,000) and property threshold ($25,000) for Family Court applications are approximate — check with the Ministry of Justice or a lawyer for current figures. The Protection of Personal and Property Rights Act 1988 governs all of these processes. If you suspect someone needs an EPA urgently but has already lost capacity, contact a lawyer and the Family Court immediately.