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Law Society - Web Capture - Powers of Attorney

New Zealand Law Society

Consumer Rights & Legal
MD
New Zealand Law Society
Published Undated
Authority4/5Freshness3/5Relevance5/5KB value4/5
Evidence class

Official guidance

Statutory oversight

Reviewed

2026-10-08

Next review: 2027-01-08

Scope

New Zealand

High confidence

Status

published

Codex research — primary source check

Evidence boundary: Undated guidance with page update shown as 4 September 2024, independently checked 8 October 2026. Original library capture was June 2026, not the source publication date. This is the Law Society’s explanatory guidance, not a ruling on a particular EPA or capacity assessment.

Short Answer

Law Society guidance explains how enduring powers of attorney operate, when decision-making authority starts and ends, and what families can do when no EPA exists.

Why it matters

Discuss capacity, commencement, successor attorneys and reporting conditions with a qualified adviser. Where no valid EPA exists and capacity is lost, ask about Family Court options.

Key Points

  • •A general power of attorney loses effect when the donor loses mental capacity; an EPA must be arranged while the donor has capacity.
  • •A property EPA can operate immediately or only on mental incapacity, as chosen in the document.
  • •A personal care and welfare EPA operates only on mental incapacity; important decisions require a doctor’s certificate, while other decisions require reasonable grounds.
  • •Only one personal care and welfare attorney acts at a time; property attorneys can have specified joint, separate or majority arrangements.
  • •A capable donor can cancel an EPA through written notice. An EPA ends at death, when estate administration takes over.

Full Summary & Notes

Law Society guidance explains how enduring powers of attorney operate, when decision-making authority starts and ends, and what families can do when no EPA exists.

Read bundled source notes

The saved source file may include fuller notes and references than the indexed summary. Check its dates and evidence limits.

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Document Details & Metadata

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