Common questions about Enduring Powers of Attorney (EPAs)

Enduring powers of attorney (EPAs) are legal documents that allow you to appoint someone you trust to make important decisions on your behalf if you can’t make these decisions yourself due to illness or injury.

There are two types:

Personal care and welfare EPA - You appoint someone to make decisions about your wellbeing, such as where you live and how you will be cared for.

Property and finance EPA - You appoint someone or a specialist organisation to take care of your finances and property, such as paying bills and managing assets.

We've worked with our partner - Public Trust- pull together some basic information about EPAs and access to useful videos.

1. When do enduring powers of attorney become effective?

For a personal care and welfare attorney, the EPA authority comes into effect when the donor is deemed mentally incapable of acting for themselves.  For a property EPA, the donor can choose when the authority becomes effective – immediately (even while they are mentally capable) or only after they are deemed mentally incapable. The appointed attorney holds the same level of authority as the donor, but the donor can place restrictions on the attorney’s authority.

2.What’s the difference between an ordinary power of attorney and an enduring power of attorney?

Ordinary powers of attorney are best used for temporary purposes – for example, if you’re going overseas and want someone to be able to send you cash from your accounts or to pay bills here. Enduring powers of attorney are for longer-term protection. These work after you’ve become mentally incapable, while an ordinary power of attorney would lapse. 

3. Do I need a lawyer to get a power of attorney?

No, but we recommend using a reputable provider to make your enduring power of attorney.

4. Can I set up an enduring power of attorney myself?

Yes! You can prepare an enduring power of attorney yourself via Public Trust online platform. It's easy to use and doesn't take long. Of course, if you prefer to have expert help, they can also prepare your EPA for you.

5. What do I need to think of before getting my EPAs?

You need to think carefully about who to choose as an attorney and ensure they understand their role and responsibilities.

You can decide when an EPA comes into effect and can add special terms and conditions. You can also state who you want your attorney to report to and consult with when making decisions on your behalf.

Remember

As a member of HealthCarePlus, you are eligible to a 20% discount. So when your will document is created, remember to use the exclusive HealthCarePlus code below  to get your discount  

HCP20 - for Property or Welfare EPAs
HCPM20 - for Mirror Property or Welfare EPAs

For more details, visit our website here: https://healthcareplus.org.nz/online-wills-epas