(New) Enduring Power of Attorney (EPA) for personal care and welfare
An enduring power of attorney (EPA) for personal care and welfare is a legal document that allows you to give someone you trust, the power to make care and welfare decisions on your behalf.
The benefits of having an EPA for care and welfare
Just like with a will or an Enduring Power of Attorney (EPA) for property, it’s good to plan for your future. After your EPA has been created, it can be activated if something happens to you.
If you have an accident, serious illness or incapacity and you become unable to make or communicate personal care or welfare decisions — this EPA gives someone you trust the power to make decisions on your behalf.
An EPA does not replace any people you’ve chosen as executor or beneficiary in your Will. Your EPA is separate from your Will. On your death the EPA has no further authority and your Will takes effect instead.
Roles and responsibilities of an EPA
Donor: the person who the EPA is for. You decide if you want an EPA, what it covers and who you want to make decisions on your behalf.
Attorney: The person who gets the decision-making power if the donor is assessed to be mentally incapable. They’re often a family member, a trusted friend, or someone from a trustee company. There can only be 1 attorney, and they do not need to be a lawyer.
Lawyer: The EPA must be created by either a lawyer, qualified legal executive, or a representative from a trustee corporation.
Successor attorney: this is your back-up attorney in case your attorney is unavailable or incapable of performing their duties.
Suitably qualified medical practitioner: a health practitioner whose scope of practice includes the assessment of a person’s mental capacity. It’s their job to assess if the donor is mentally incapable and provide a medical certificate if they're incapable.
Family Court: if there are any issues with or disputes about an EPA, the family court will get involved.
The legislation for EPAs
The personal and property rights of people who are not fully able to manage their own affairs are set out in the Protection of Personal and Property Rights Act 1988.
This Act includes Enduring Power of Attorney (EPA) for both personal care and welfare, and property.
Protection of Personal and Property Rights Act 1988 — Legislation website
Choose your attorney
Choosing your attorney is an important decision to make. You can only have 1 attorney to make personal care and welfare decisions on your behalf.
They may need to decide, for example, where you live, who you live with and who provides your medical care.
You decide if your attorney can make decisions about everything to do with your care and welfare or only some things.
Your attorney must:
- be at least 20 years old
- not be bankrupt
- not be subject to any Family Court personal order or property order.
If you do not have an EPA for care and welfare
You cannot assume that your spouse, partner, child, close relatives or friends are entitled to make decisions for you — if you lose the ability to make decisions for yourself.
If you do not have an EPA set-up and you’re not able to manage anymore, your family need to apply to the Family Court to have someone appointed as your welfare guardian.
This can be expensive, slow and the Court may not appoint the person you would have chosen. The appointment of a welfare guardian also needs to be renewed every few years.
Appointing someone to make decisions for you — Community Law
Apply for a welfare guardian — Ministry of Justice
How a property EPA is different from an EPA for care and welfare
An EPA for property is quite different. It’s about managing your money, property and any other assets you own. For example, to:
- have someone else look after your financial affairs while you live overseas
- manage the sale of your home when you go into a residential care facility.
You can:
- activate this yourself — while you have the capacity to make property and financial decisions
- nominate 2 or more attorney’s
- continue to manage some aspects of your property and finances yourself while you get help with other aspects.
Setting up an EPA
You must be mentally capable when you create your EPA.
EPA application form
You create your EPA for care and welfare by completing a form. You can get this from the Ministry of Justice or most places offering legal advice about EPAs.
Instructions and information are included with the form but you cannot do it all yourself — you need to get legal advice.
Setting up an EPA (the forms) — Ministry of Justice
Activating your EPA
An EPA has no effect until it has been activated. Your attorney cannot make decisions for you until your EPA is activated.
Your EPA can only be activated by a suitably qualified medical practitioner who decides that you’re mentally incapable of making decisions about your care and welfare. They will provide a medical certification of incapacity, which is needed to activate the EPA.
If you recover and are deemed to have regained competence (by a suitably qualified medical practitioner), even after the EPA has been activated, you can deactivate or cancel your EPA by giving written notice to your attorney.
Change, replace or cancel your EPA
When you’re mentally capable, you can change or cancel your EPA anytime — including changing your attorney.
Checking if it still meets your needs, a change in your situation and a change in your attorney’s situation are examples of why you would review your EPA.
The processes are different depending on whether you change, cancel, or replace your EPA. It’s best to get legal advice, to make sure you choose the best option for your situation and follow the correct process.
You need to tell your attorney and successor attorney in writing if you change, cancel, or replace your EPA. Remember to also tell your bank and anyone else who may need to be involved with you EPA.
Changing or ending an EPA — Office for Seniors
Ending an enduring power of attorney ‐ Community Law
Get help from the Family Court
The Family Court can:
- tell your attorney what to do
- help if there is conflict between an attorney for personal care and welfare, and an attorney for property
- review decisions your attorney has made
- support your family or others, such as your doctor or social worker, if they’re worried about your attorney’s decisions.
The Family Court can stop your attorney or cancel an EPA if it decides:
- your attorney is not acting in your best interests or fulfilling their responsibilities
- you were pressured into appointing your attorney
- your attorney is unsuitable because of their relationship to you, their mental state or criminal activity.
Learn about the Family Court’s role, who can apply to it and the forms you need to complete.
The Family Court and EPA — Ministry of Justice
Who to contact for more help
If you need more help or have questions about the information or services on this page, contact the following agency.
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Ministry of Justice
Contact and agency details
Utility links and page information
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