Enduring Power of Attorney in New Zealand: a plain-English guide
By The Afterword Editorial Team · 20 June 2026
A will decides what happens after you die. An enduring power of attorney (EPA) covers something a will can't: what happens while you're alive but unable to make decisions for yourself — through illness, an accident, or age. It's one of the most important documents most people don't have.
What is an enduring power of attorney?
An EPA is a legal document in which you (the donor) appoint someone you trust (your attorney) to make decisions on your behalf if you lose mental capacity. "Enduring" means it keeps working even after you can no longer make your own decisions — which is exactly when it's needed.
The two types of EPA
New Zealand has two separate enduring powers of attorney, and most people set up both:
- EPA for property — covers money and assets: paying bills, managing bank accounts, dealing with property. You can choose for it to take effect immediately, or only if you lose capacity.
- EPA for personal care and welfare — covers health and living decisions (medical treatment, where you live). This one can only come into effect if a doctor (or the Family Court) certifies you've lost capacity.
Why you need one alongside your will
If you lose capacity without an EPA, your family can't simply step in — they'd have to apply to the Family Court to be appointed, which is slower, costlier and more stressful. An EPA set up in advance avoids that. Think of it as the companion to your will: the will is for after death, the EPA is for a life event before it.
How to set one up
- You must have mental capacity at the time you make it — you can't set up an EPA once you've already lost capacity, which is why doing it early matters.
- It must be signed and witnessed correctly: your signature must be witnessed by an authorised person (such as a lawyer or an authorised representative of a trustee corporation) who certifies you understood it.
- Choose your attorney(s) carefully — someone trustworthy and willing — and you can name a successor.
EPA vs will — the difference
| Enduring power of attorney | Will | |
|---|---|---|
| When it applies | While you're alive but lack capacity | After you die |
| Covers | Property + personal care/welfare | Distributing your estate |
| Ends | When you die (then the will takes over) | Carried out after death |
Both are part of getting your affairs in order. Start your free draft will on Afterword, and speak to a lawyer or trustee corporation about setting up your EPAs.
This article is general information about enduring powers of attorney in New Zealand, not legal advice.
Frequently asked questions
- What is an enduring power of attorney (EPA)?
- An EPA is a legal document appointing someone you trust to make decisions for you if you lose mental capacity while you're alive. 'Enduring' means it keeps working even after you can no longer decide for yourself.
- What are the two types of EPA in New Zealand?
- One for property (money and assets) and one for personal care and welfare (health and living decisions). The personal care and welfare EPA only takes effect if you're certified as having lost capacity. Most people set up both.
- What's the difference between an EPA and a will?
- An EPA applies while you're alive but unable to make decisions; a will applies after you die to distribute your estate. They cover different situations, and it's wise to have both.
- When should I set up an EPA?
- While you still have mental capacity — you can't create one after you've lost capacity. Setting it up early avoids your family having to apply to the Family Court if something happens.