EPA & Welfare Guardian
Securing Autonomy and Care in Your Later Years
If something happened to you tomorrow, would the people you love know what you’d want? Planning ahead means your family isn’t left guessing. It’s not about the worst case, it’s about giving them certainty when they need it most.
At Shanahans Law, we see an Enduring Power of Attorney (EPA) as much more than a legal form; it’s a blueprint to preserve your dignity. In our experience, families who have these conversations early avoid a massive amount of stress and uncertainty down the line. Whether you are looking to set up your own protections or you’re facing a situation where a loved one has already lost capacity, our lawyers provide the grounded, compassionate, and expert advice needed to keep things moving forward.
Understanding Enduring Powers of Attorney
You might have heard the term “power of attorney” before, but the “enduring” part is what matters most as we age. A standard power of attorney stops working if you lose your mental capacity, but an EPA is designed specifically to stay in effect, or endure, through that change.
How does an enduring power of attorney work? It allows you to legally appoint a person (your “attorney”) to step into your shoes and manage your affairs if you become unable to do so yourself.
In New Zealand, there are two distinct types of enduring power of attorney (EPA), and people generally need both:
- Enduring Power of Attorney for Property: This covers everything you own, your bank accounts, your house, and your bills.
- Enduring Power of Attorney in NZ for Personal Care and Welfare: This covers much more than just the doctor’s office. This document can detail the decisions about your daily life, such as where you live and the type of care you receive.
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When Does an Enduring Power of Attorney Come into Effect?
A common worry we hear is that signing an EPA means giving up control immediately. That simply isn’t true. For property matters, you can choose to have it start the moment you sign it (which is handy if you want help with admin while you’re still capable) or only when you lose capacity.
However, for personal care and welfare, the law is very clear, it comes into effect only after a health professional has issued a certificate stating that you are no longer mentally capable of making those decisions yourself.
Property Manager and Welfare Guardian
What happens if the window of opportunity has closed and there is no EPA in place? This is a tough spot for many West Auckland families. If a loved one loses capacity without an EPA, they can no longer sign one. Instead, the family often has to apply to the Family Court for the appointment of a welfare guardian and a property manager.
What is a welfare guardian? It is a person appointed by the Court to make decisions for someone who can’t. When comparing a welfare guardian with an enduring power of attorney, the main difference is control and cost. With an EPA, you choose your person privately. With a welfare guardian, the Court chooses the person, and the orders have to be renewed every few years, which can be an expensive and emotional burden for the family. Being proactive with an EPA keeps the power in your hands, not the Court’s.
What is a property manager? A property manager is a person appointed by the Family Court to manage the financial and property affairs of someone who has lost the capacity to do so themselves. This can include managing bank accounts, paying bills, dealing with assets, and making financial decisions on that person’s behalf.
Like a welfare guardianship, a court-appointed property manager comes at a cost, both financially and emotionally. The application process can be lengthy and stressful, and the orders must be reviewed periodically, meaning the family may need to return to Court more than once.
Why Choose Shanahans Law for Your EPA?
For over 60 years, Shanahans Law has helped New Lynn families navigate these sensitive decisions. We do more than “process” your EPA; we talk you through the “what-ifs.” Our seasoned, compassionate lawyers make sure you fully understand your EPA and help you set up a plan that keeps you safe. When you sit down with us, you aren’t just a client, you’re also a person we respect. We also do our best to take the “scary” out of the legal talk and replace it with grounded advice.
Whether you’re setting up your own EPA or you need help with a Court application for a loved one, we’re here to provide the steady hand you need.
Frequently Asked Questions (FAQs)
Can an attorney make medical decisions?
Absolutely. They can consent to medical treatment on your behalf, provided they are acting in your best interests. It’s a big responsibility, which is why choosing the right person is the most important part of the process.
Can you have more than one attorney?
For property you can appoint one or more attorneys to manage your assets, deciding whether they must act “jointly” (everyone must agree), “severally” (any one of them can act alone), or a mix of both. This allows you to create a team that balances security with day-to-day efficiency.
However, for personal care and welfare, the rules are stricter to ensure there is a single, clear point of contact during a medical crisis, so you can only appoint one primary attorney at a time. You can specify that they have to consult and provide information to other named persons so the wider family is involved. You can, and should, name successor attorneys as backups just in case.
Can an enduring power of attorney be revoked?
Yes, as long as you still have the mental capacity to do so, you can cancel or change your EPA at any time. Life changes, people move away, or relationships evolve, and your legal documents should reflect your current reality.
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Protecting Your Tomorrow, Today
At Shanahans Law, we’ve spent decades helping West Aucklanders take control of their tomorrow, ensuring their wishes are set in stone long before they’re ever needed. Whether you’re ready to appoint an attorney or need an expert guide for a welfare guardian application, we’re here to make the process straightforward, respectful, and human. Reach out to our team today, let’s make sure your voice is the one that matters.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Law and legislation in New Zealand are subject to change and are highly dependent on the specific facts of each case. Visiting this site or contacting Shanahans Law via email or contact form does not create a lawyer-client relationship. You should not act upon any information on this site without seeking professional legal counsel tailored to your unique circumstances. While we strive to keep our content accurate and up to date, Shanahans Law is not responsible for any actions taken based on the information provided herein.