Insurance Guide logo

What you need to know about EPAs

(Enduring powers of attorney)

We aim to provide you with basic information about EPAs so you can have a good conversation with a lawyer or a financial adviser. So read this guide to learn what an EPA is, why need it, types of EPAs and some common questions about EPAs.

1. What are enduring powers of attorney?

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.

2. 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.

3. Why do I need an EPA?

EPAs are as important as wills. Without them, managing your affairs can become difficult for your family. Even simple tasks such as paying your bills can be a struggle if your family can’t legally access your accounts.

Your family may feel powerless, leaving the Family Court to decide how to manage your property and personal matters. With an EPA in place, decisions about your well being, finances and property can be made by those you trust and in the way you want.

4. 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. 

5. 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.

6. 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.

7. 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.

If you need any support, please contact Public Trust team on 0800 279 792 or support@publictrust.co.nz.