2026 Legal Source Brief - Family Court and Enduring Power of Attorney

This brief explains what happens when an Enduring Power of Attorney (EPA) is disputed in New Zealand. It covers: - The role of the Family Court in EPA disputes - Applications to remove or replace an attorney - The evidence required to challenge an attorney's actions - The cost implications of EPA litigation - Key legal principles derived from the PPPR Act and case law - Cross-references to elder abuse and financial exploitation This document is part of the NZ Seniors Knowledge Base and should be read alongside: - '2026 Legal Pathway Brief - PPPR Act EPA Disputes and Capacity.md' (detailed PPPR Act framework) - '2026 Legal Tracker - EPA PPPR Capacity and Elder Abuse Case Law.md' (key case law) The Family Court's jurisdiction over EPAs comes from Part 9 of the Protection of Personal and Property Rights Act 1988 (PPPR Act), specifically: The Family Court can: ✅ Give directions to an attorney about how to exercise their powers ✅ Suspend an EPA pending further investigation ✅ Remove an attorney and appoint a replacement ✅ Declare an EPA invalid if improperly created ✅ Order a capacity assessment of the donor ✅ Revise an EPA where it no longer meets the donor's needs ✅ Make interim orders for urgent protection ✅ Appoint a welfare guardian or property manager to fill gaps ✅ Review attorney's accounts and order repayment of misused funds The Family Court cannot: ❌ Make criminal findings (fraud, theft — these go to the District Court / P