by: Annabel Sheppard, Partner
7 July 2026
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An Enduring Power of Attorney (EPA) is a legal document that lets you appoint a trusted person to make decisions on your behalf if you become unable to do so yourself. In New Zealand, EPAs are established under the Protection of Personal and Property Rights Act 1988 (PPPR Act).
No one (not even a spouse or adult child) has an automatic legal right to manage your affairs without formal authority. Planning ahead with an EPA ensures your health, personal care and financial decisions will be handled by someone you choose, according to your wishes, if illness or injury leaves you incapacitated.
New Zealand law provides for two separate EPAs. A Personal Care and Welfare EPA covers decisions about your health, living arrangements and personal wellbeing. You can appoint only one person (‘attorney’) for this role, and by law it only takes effect if you are certified (by a doctor or court) as unable to make decisions yourself.
In contrast, a Property EPA lets one or more people or a trustee company manage your money, property and assets. You can choose when a Property EPA takes effect, either immediately (for convenience) or only if you lose mental capacity, in which case a medical professional must certify your incapacity before the attorney can act.
Both EPAs must be arranged while you still have mental capacity to understand and consent, so it’s wise not to delay this planning.
For each EPA you can also decide to appoint back-up people to act if the first person you appoint dies or becomes unable to act themself. Within the document you can also decide whether you want to specify that your attorney must consult and/or provide information to named persons. This can help ensure other family members can also be kept informed if desired.
If you lose capacity without an EPA in place, your family or friends would have to apply to the Family Court for authority to manage your affairs. The Court can appoint a welfare guardian for personal care decisions or a property manager for financial matters under the PPPR Act. This process is often time-consuming and costly, involving legal fees, paperwork and court delays.
Importantly, you lose control over who is chosen to make decisions for you: the Court might appoint someone you would not have picked yourself. In the meantime, vital decisions about medical treatment or bill payments could be delayed, creating stress and uncertainty for your loved ones.
Having well-drafted EPAs is the best way to avoid these difficulties. With EPAs, you maintain personal choice by proactively selecting your decision-makers, and you spare your family administrative burdens during a crisis. Creating an EPA is straightforward with legal guidance, and everyone aged 18 and over should consider setting up EPAs – often when making or updating a will.
It is prudent to seek legal advice about establishing EPAs early, ensuring your wishes will be respected if you are in a position where you cannot speak or act for yourself.
For advice or more information on EPAs, get in touch with the experienced team at Wynn Williams.
Annabel Sheppard, Partner – Wynn Williams Private Clent team
Kyle Galbraith, Solicitor – Wynn Williams Private Client team
WWW.WYNNWILLIAMS.CO.NZ
