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The most important
decision.
The forms are straightforward. The legal requirements are clear. But choosing who to appoint as your attorneys? That's the decision most people struggle with. It's also the most important one.
Two roles, different skills.
Property attorneys manage money and legal matters. Personal care attorneys make decisions about your health and daily life. The skills needed are different.
Property Attorney
Financial & legal management
Manages bank accounts, pays bills, handles investments, deals with property transactions.
Personal Care Attorney
Health & welfare decisions
Makes healthcare decisions, chooses where you live, determines your level of care.
You might choose the same person for both roles, or different people for each. Neither approach is automatically better. What matters is matching the right person to each responsibility.
Who people usually choose.
Spouse or Partner
The most common choice. Your partner knows your finances and values. But consider what happens if you both lose capacity.
Adult Children
Often chosen when partners are ageing. Family dynamics matter - if siblings don't get along, this can create tension.
Family or Friends
Siblings, nieces, nephews, or close friends can make excellent attorneys. Geographic proximity matters less than commitment.
Professional Trustees
For property matters only. Ensures professional management and continuity. Cannot act as personal care attorneys.
Legal requirements in New Zealand.
Under the Protection of Personal and Property Rights Act 1988, your attorneys must meet:
The "choosing between children" dilemma.
You don't want to show favouritism, but you need to make a practical decision.
Joint property attorneys
Both children must agree on decisions. Provides oversight but can slow things down.
Joint and several
Either can act alone. More flexible but requires complete trust in both.
Different roles
One for property, one for personal care. Plays to different strengths.
Primary and successor
Appoint one, with the other as backup if the first cannot continue.
Remember: You can only have one personal care and welfare attorney at a time. But you can name a successor who takes over if your first choice is unable or unwilling to act.
Questions to ask yourself.
Do I trust this person completely with my finances?
Your property attorney can access your bank accounts, sell your property, and make binding financial decisions.
Would this person advocate for my wishes even under pressure?
Medical staff or family members might disagree with your care preferences. Your attorney needs to stand firm.
Is this person likely to be available when needed?
Consider age, health, location, and life circumstances. Will they be capable and reachable in 10-20 years?
Can this person handle the responsibility emotionally?
Being an attorney for a loved one can be stressful. Some people find it overwhelming.
Have I talked to them about this?
Don't assume someone will accept the role. Discuss it with them first.
Key Takeaways
Match attorney qualities to each role's requirements
Discuss the appointment with your chosen attorneys before signing
Consider both capability now and likely availability in future
You can have different people for property and personal care
Only one personal care attorney at a time, but you can name a successor
EPAs can be changed while you have capacity
Related Guide
Follow our step-by-step guide to choosing the right people for your EPAs.
Read the Choosing Your EPAs GuideRelated Reading
Enduring Powers of Attorney explained: Property vs Welfare
New Zealand has two types of EPA covering different aspects of your life. Understanding the difference helps you plan properly.
When a Family Member Loses Capacity: Your Legal Options
If someone you love has lost capacity without an EPA, you need court authority to help them. Here's what's involved and how we can help.