Community Law - Web Capture - Enduring Powers of Attorney Guide

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. - 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 - 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 some