Power of Attorney in New Zealand

The two types in New Zealand

1. Enduring Power of Attorney (EPA)

The dominant form in NZ. Created under the Protection of Personal and Property Rights Act 1988 (PPPR Act). Splits into two separate documents you sign at the same time:

• EPA for Property — covers money, bank accounts, KiwiSaver, investments, real estate, business interests. You can choose whether it takes effect immediately (useful if you want help managing finances now) or only when you lose mental capacity.
• EPA for Personal Care & Welfare — covers medical treatment, residential care, and other personal-care decisions. By law, this EPA only activates when a medical practitioner certifies you've lost mental capacity to decide for yourself.

2. Ordinary Power of Attorney

A general PoA used while the donor still has capacity — for example, if you're going overseas for an extended period and need someone to sign property documents, run your business, or operate a bank account on your behalf. An Ordinary PoA ends the moment the donor loses capacity, which is why it's not suitable for incapacity planning.

Who should you appoint as attorney?

Choose someone who is:

• Trustworthy and financially literate — they may be managing significant assets without day-to-day oversight.
• Geographically close enough to attend appointments, sign documents, and visit if you're in care.
• Younger and likely to outlive you — most people appoint an adult child or a trusted sibling.
• Willing to do the work — being an attorney is a real responsibility, particularly under the welfare EPA where they may make end-of-life care decisions.

You can appoint two attorneys jointly (both must agree) or jointly and severally (either can act alone). Most NZ lawyers recommend jointly-and-severally for the property EPA (operational ease) and a single attorney for the welfare EPA (faster decisions in a medical setting). You should also name a successor attorney who steps in if your first choice can't act.

What attorneys can and can't do

Property attorney can:

• Operate your bank accounts, pay bills, lodge tax returns.
• Sell or buy property on your behalf (subject to any restrictions in the EPA).
• Manage investments, including buying/selling KiwiSaver units (within the trustee's framework).
• Run a business or rental on your behalf.

Property attorney can't:

• Make a will for you.
• Make decisions outside the EPA's stated scope.
• Act in their own interest at your expense (fiduciary duty applies).
• Make significant gifts unless the EPA expressly authorises it.

Welfare attorney can:

• Consent to or refuse medical treatment on your behalf.
• Decide where you live and what care you receive.
• Make end-of-life care decisions, subject to any specific instructions you've left.

Welfare attorney can't:

• Consent to standard medical treatment that you're refusing while you still have capacity.
• Refuse standard medical treatment that would save your life unless you've expressly authorised it.
• Consent to electroconvulsive therapy or experimental treatments without further authority.

Cost and process in NZ

Most NZ lawyers prepare both EPAs together for $400–$700 fixed fee, including the witness certification. The process is usually a single 30–45 minute meeting where:

1. The lawyer confirms you understand what you're signing.
2. You decide who your attorneys are (property, welfare, successors).
3. You discuss any specific instructions or restrictions.
4. You sign in front of the lawyer who acts as authorised witness.
5. The originals are kept in safe custody (usually by the lawyer); your attorneys get certified copies.

Update your EPAs whenever your attorney's circumstances change (death, divorce, falling-out, dementia diagnosis), and review them every 5 years.