Enduring Power of Attorney (EPoA)
Life can be fragile and you never know when the ability to make your own decisions could be taken from you through sickness or injury.
An EPoA is like choosing a trusted helper for the future — just in case older people ever need one. It’s not giving away control — it’s making sure their future is handled the way they want.
Why is an EPoA Important for Older People?
You stay in control
- You choose who will manage your affairs.
- It’s better than letting the government or courts decide for you if something happens.
Protects your wishes
The person (called your attorney) must act in your best interest and follow your wishes.
Avoids family conflict
Without an EPoA, family members might argue over what to do or struggle to make decisions.
Helps during illness or injury
If you have a stroke, dementia, or an accident, and you can’t make decisions, your chosen person can step in right away to help.
Why Should Older People Be Educated About EPoA?
Health can change quickly
As we get older, health issues like memory loss or accidents can happen suddenly. An EPoA helps prepare ahead.
It’s about peace of mind
You know that someone you trust will be there to help you manage your life if you need them.
It’s easier to set up while you’re well
You must be mentally capable to set up an EPoA. Once your memory or thinking ability declines, it may be too late.
You protect your independence
Having a plan in place actually gives you more control, not less. It means your wishes are clear, even if you can’t speak for yourself later.
What is a Enduring Power of Attorney?
An Enduring Power of Attorney (EPoA) is a legal document that can protect you and what is precious to you.
There are two types of EPoAs:
- Property – covers your money and assets and can come into effect before you lose mental capacity. You may have more than one attorney for this EPoA.
- Personal care and welfare – covers your health, accommodation and associated care decisions, and comes into effect only if a medical professional or the Family Court decides you have become ‘mentally incapable’. You may have only one attorney for this EPoA.
An EPoA means only the people you trust – your ‘attorney/s’ – can make decisions about your life and/or your treasured possessions, such as your house, money and belongings.
What does an attorney do?
Once an EPoA comes into effect – either at your request (for a property EPoA) or when a medical professional considers you mentally incapable (for a property or a personal care and welfare EPoA) – your attorney (or attorneys) can make most decisions about your care and welfare, your property and finances.
Your attorney (or attorneys’) main responsibility is to act in your best interests, and they must involve you in decisions as much as you are able.
Who can be an attorney?
Your attorney can be anyone you trust to understand and respect your wishes and feelings. Usually they are a friend or family member, a colleague, or even a trustee corporation like the Public Trust (for property EPoAs only).
They must, however, be over 20 years of age, not bankrupt and not mentally incapable themselves.
You may choose the same person for both EPoAs. While you may have only one attorney for your personal care and welfare EPoA, you may have more than one for your property EPoA as you might want people with different skills to look after specific areas.
How do I get an EPoA?
When you’ve decided who you’d like as your attorney and what you want them to do, you need to arrange a lawyer, a qualified legal executive or a representative of a trustee corporation (like Public Trust) to be your witness. They will make sure you understand all your options, what the EPoA document means, and that it meets all legal requirements.
Options of local Lawyers in Gore are:
Prices are similar between Lawyers but also depend if you are doing anything else at the same appointment such as updating wills, or other legal matters.
Costs for both Property and Personnel Care and Welfare EPoA
Around $250 + Gst for an Individual
Around $500 + Gst for a couple
There also maybe an extra cost if further lawyers need to be involved in the sign off
What should I prepare when setting up an EPoA?
There are standard forms you must fill out to set up an EPoA. You can find out more and download them from the Ministry of Justice website.
Before you see your legal advisor, think about:
- Who you want your attorney/s to be and what you do and don’t want them to do on your behalf.
- How your attorney/s might be supported – could you name other people, such as family/whānau, friends, an accountant or solicitor, to be consulted or provide your attorney with advice?
- Making a list of the main things you own, any money owed to you, and any debts.
- Who else could you give a copy of the EPoA to – your doctor, your bank, family members?
- When you want your property EPoA to come into effect – a date, a period in time, or when you are determined ‘mentally incapable’.
- How your attorney/s might be monitored, such as by appointing a second person to oversee your financial records, get copies of bank statements, or be informed of certain decisions. Remember, you can also appoint a second attorney for your property EPoA, which may help with monitoring.
- Whether you want to appoint other people to step in as attorneys if something happens to your first choice.
For more information visit the Office for Seniors website: