# Enduring Powers of Attorney — Community Law Manual

**Source URL:** 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/
**Publisher/Organisation:** Community Law Centres o Aotearoa
**Date accessed:** June 2026
**Publication date:** Regularly updated (no single publication date)
**Folder/category:** 06 Legal and Financial Planning
**Source type:** Web capture
**NZ-specific:** Yes
**Reliability rating:** High (authoritative legal resource)

## Why this source matters

EPOAs are one of the most important legal documents for older New Zealanders. This chapter of the Community Law Manual provides comprehensive plain-English guidance on creating, using, and ending EPOAs. The KB previously had only a single MSD EPA standard explanation form — this adds the full legal context.

## Summary

This chapter covers:

- What an EPOA is and why it matters
- The difference between Property EPOA and Personal Care & Welfare EPOA
- How to create a valid EPOA
- The attorney's powers and duties
- Supervision and control of EPOA decision-makers
- How to end or change an EPOA
- What happens if there is no EPOA
- The role of the Family Court under the PPPR Act

## Key facts and details

- **Two types of EPOA:**
  1. **Property EPOA** — covers financial matters (can be immediate or "springing" on incapacity)
  2. **Personal Care & Welfare EPOA** — covers health, living arrangements, daily care (only effective on incapacity)
- **Requirements for a valid EPOA:**
  - Must use the correct form
  - Must be signed by the donor (person creating it)
  - Must be witnessed by a lawyer, legal executive, or authorised trustee corporation representative
  - The donor must have mental capacity at the time of signing
  - A lawyer must explain the effects to the donor
- **Attorney's duties:**
  - Act in the donor's best interests
  - Encourage the donor to act independently where possible
  - Keep proper records (for property EPA)
  - Not profit from their position
- **EPOA can be revoked** at any time while the donor has capacity
- **Without an EPOA**, if someone loses capacity, an application must be made to the Family Court — costly and time-consuming

## Important excerpts

> "An enduring power of attorney (EPA) is a legal document that allows you to plan for the future by choosing someone you trust to make decisions for you if you're unable to do so."

> "You can give someone an enduring power of attorney at any time in your life, not just when you're older. It's a good idea for everyone, no matter what age."

## Related links

- [Office for Seniors - EPOA resources](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/)
- [Public Trust - EPOA services](https://www.publictrust.co.nz/products-and-services/enduring-power-of-attorney/)
- [Community Law - Protection for older people](https://communitylaw.org.nz/community-law-manual/test/protection-for-older-people-against-abuse-or-neglect/)
- [Ministry of Justice - EPOA and the Court](https://www.justice.govt.nz/family/powers-to-make-decisions/the-court-and-enduring-power-of-attorney-epa/)
- [Standard EPA forms (Office for Seniors)](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/how-to-create-an-enduring-power-of-attorney)

## Notes for future updates

Community Law Manual is regularly updated. Check for changes after any amendments to the Protection of Personal and Property Rights Act 1988.