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Enduring Power of Attorney

Enduring Power of Attorney

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.

An EPA is a legal document that gives someone ("the attorney") the legal authority to act on your behalf and take care of your personal or financial matters if you become mentally incapable. It is very important that your EPA is set up while you still have legal capacity. An EPA cannot be set up by someone who is mentally incapable.

There are two types of EPA, a personal care and welfare EPA and a property EPA. Your personal care and welfare EPA gives your attorney the power to make decisions on your behalf related to your personal care and welfare, such as medical treatments and hospitalisation. Your property EPA gives your attorney the power to manage and make decisions relating to your property and financial affairs. Your attorney should be someone you trust to do the right thing and have the knowledge to appropriately look after your affairs on your behalf. The attorney under your property EPA can be the same or different to the attorney under your personal care and welfare EPA.  

For your enduring power of attorney to be valid, it must be in the correct form, be signed by both yourself and your attorney, and your signature must be witnessed by a lawyer or qualified legal executive. These are very strict requirements and must be followed carefully to ensure that your power of attorney is lawful and effective. We can assist you with setting up your EPA and ensuring that you and your nominated attorney understand what is involved in putting them in place.

If you require a new EPA of would like to update your old one, please direct enquiries to:

Auckland Office

Ross Bedford (Partner) on (09) 306 6722 (

Albany Office

Brandon Cullen (Partner) on (09) 966 3609 (

Tracie Waterhouse (Partner) on (09) 950 5988 (

James Varney (Partner) on (09) 966 3608 (

Manukau Office

Paul Foster (Partner) on (09) 262 4949 (

See our Expertise page

Wills & Enduring Powers of Attorney

Written by Ross Bedford and Rangi Moore

© McVeagh Fleming 2022

This article is published for general information purposes only.  Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice.  If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.

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