24 Feb How to Formalise Your Wishes: A Guide to Enduring Powers of Attorney
Planning for the unexpected might feel daunting, but it’s one of the most important things you can do for your future. An enduring power of attorney (EPA) ensures someone you trust can step in if you ever can’t make decisions for yourself—whether it’s due to illness, injury, or age.
Let’s break it down.
What is an Enduring Power of Attorney?
An EPA is a legal document that allows you (the donor) to appoint someone (your attorney) to make decisions on your behalf. There are two types:
- Property EPA – for financial and legal matters
- Personal Care & Welfare EPA – for health and personal decisions
These documents “endure” because they remain valid even if you lose mental capacity.
Why Does It Matter?
If you don’t have an EPA and lose capacity, your family will need to apply to the Family Court to make decisions for you. This process is costly, time-consuming, and stressful—and must be reviewed regularly by the court.
What’s Involved?
- Choose someone you trust – Often a family member or close friend who knows your values
- Meet with a lawyer – They’ll guide you through the decisions and prepare the documents
- Sign and witness the EPA – You sign with your lawyer; your attorney signs too (either with you or later)
[Link: How to choose the right attorney]
Common Misunderstandings
- “It’s only about money” – False. You can (and should) appoint someone to make health and wellbeing decisions too.
- “It’s only for old people” – Accidents can happen at any age. Many of our clients are in their 30s and 40s.
- “I’ll lose control” – You stay in charge unless you become unable to make decisions. You can set exactly when your EPA takes effect.
Avoid These Mistakes
- Leaving it too late – You must have full mental capacity to create an EPA or a will. Without one, the law decides who acts—and who inherits.
- Not updating it – Major life changes like a new partner, divorce, or having children? Update your EPA and will to match.
FAQs
Can I use a template or write it myself?
No. A lawyer or registered legal executive must explain the document to you and certify that you understand it. This ensures it’s valid and protects you from mistakes or fraud.
Does it need to match my will?
Not exactly. They serve different purposes—your EPA covers your lifetime; your will covers after death. But many people appoint the same person in both.
How do I talk to my family about it?
Open conversations help avoid confusion later. Discuss your wishes with your chosen attorney before your appointment, and your lawyer can help guide these conversations.
When Should I Make an EPA?
Now. Whether you’re starting a family, managing health conditions, or just being proactive, having an EPA in place protects both you and your loved ones.
How to Choose the Right Lawyer
Look for someone who:
- Specialises in estate planning
- Takes time to understand your needs
- Explains things in plain language
- Has a strong reputation in your local community
At Shanahans, we’ve helped hundreds of West Aucklanders get peace of mind with enduring powers of attorney. We’re approachable, experienced, and part of your local community in New Lynn.
Let’s take the stress out of planning ahead.
Contact us for a free, no-obligation chat via our web form below or simply call/email us.
Contact Us
Email reception@shanahanslaw.co.nz
Phone | 09 827 2783
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