Protection of Personal and Property Rights Act 1988, s 96(*)
There are two types of enduring power of attorney you can make:
EPA for personal care and welfare – You can appoint someone (called your “attorney”) to make decisions about issues like where you’ll live, who’ll look after you and what medical treatment you might need. This kind of EPA can only come into effect once you’ve lost “mental capacity”, and not before.
EPA for property – This kind of EPA gives the person you appoint the power to make decisions about your money and property. You can give them a general power to deal with all these issues, or you can limit them to dealing with, for example, a particular bank account. In your EPA you can say whether the attorney can start using their powers and making decisions straightaway, or only if and when you lose “mental capacity”.
If you want you can make one of each type of EPA, in two separate documents. You can choose the same person to be your decision-maker (your “attorney”) under both EPAs.
What happens if I lose the ability to make my own decisions but don’t have an EPA?
Protection of Personal and Property Rights Act 1988, ss 8, 9(2)(*)
If you become incapable of making decisions for yourself and managing your own affairs, but you haven’t made an enduring power of attorney, the Family Court can make orders for you (see “Family Court orders for your welfare and property”(**) in this chapter). The judge won’t make an order unless it’s absolutely necessary, and any order they do make must intervene as little as possible into your life.
- (*) http://legislation.govt.nz/all/results.aspx?search=ts_act%40bill%40regulation%40deemedreg_Protection%20of%20Personal%20and%20Property%20Rights%20Act%201988_resel_25_a&p=1/
- (**) https://communitylaw.org.nz/community-law-manual/chapter-9-decision-making-and-powers-of-attorney/family-court-orders-for-your-welfare-and-property-how-decisions-can-be-made-for-you-when-theres-no-epa/