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Two types.
Different purposes.
An Enduring Power of Attorney lets someone make decisions for you if you can't. New Zealand has two types, covering different aspects of your life. Most people need both.
Financial decisions, bank accounts, property
Healthcare, where you live, daily care decisions
Property vs Personal Care
Property EPA
Financial & legal affairs
- Bank accounts & investments
- Property transactions
- Paying bills & managing debts
- Financial decisions
Immediate effect
Your attorney can act from the moment of signing, even while you have capacity. You retain full control.
Incapacity only
Your attorney can only act when you become mentally incapable.
Can have multiple attorneys acting jointly (must agree) or severally (can act independently).
Personal Care and Welfare EPA
Health & welfare decisions
- Medical treatment decisions
- Where you live
- Daily care & lifestyle
- Healthcare providers
Only on incapacity
This EPA can only take effect when you become mentally incapable. The law protects your autonomy while you can make decisions yourself.
Only one person can hold this role. Personal care decisions often require quick action; a single decision-maker avoids delays.
How is incapacity determined?
Health practitioner assessment
A health practitioner examines you and reviews relevant information to form an opinion about your capacity for the specific decisions involved.
Decision-specific assessment
This isn't a general declaration. The assessment focuses on the type of decisions involved. You might lack capacity for some decisions but not others.
Certification enables action
Once certified, your attorney can start acting on your behalf according to the type of EPA they hold.
Same person or different?
You can appoint the same person for both EPAs, or different people for each. Neither approach is automatically better.
Same Person
Simplifies coordination. Care decisions and financial decisions are connected. A single attorney can manage both seamlessly.
Different People
Brings appropriate skills to each role. Perhaps one person understands your values while another is more financially experienced.
Key Takeaways
Related Guide
Follow our step-by-step guide to choosing the right people for your EPAs.
Read the Choosing Your EPAs GuideRelated Reading
Choosing Your Attorneys: A Guide for New Zealanders
The most important EPA decision is who you appoint. Here's how to think through your options for both property and personal care attorneys.
What happens if you lose capacity without an EPA
Without an EPA, your family must apply to court for authority to manage your affairs. This is expensive, slow, and intrusive.