Disclaimer: This article is general information, not legal advice. We recommend you consult a legal professional when setting up an EPOA.
An Enduring Power of Attorney (EPOA) lets you appoint someone you trust to make decisions if you can’t. In NZ there are two types: property, and personal care and welfare. Property EPOA can start immediately or on loss of capacity; personal care and welfare starts only if capacity is lost, usually with medical certification.
Planning ahead is important as you age because life can change quickly after a fall, a hospital admission, or a diagnosis like dementia. An EPOA ensures decisions still reflect your wishes if you’re unable to decide or communicate.
In New Zealand, an EPOA is a legal document that appoints an attorney (the person you trust) to act for you if you can’t.
There are two types of decisions: property (money, assets) and personal care and welfare (health, living arrangements).
Any adult (18+) who is mentally capable can create an EPOA and choose an attorney aged 20+ who is not bankrupt and is capable. You can appoint only one personal care and welfare attorney at a time (plus successors), while you may appoint one or more attorneys for property.
Ryman village and care teams regularly support residents who have EPOAs in place. We help families understand how EPOAs work in practice during transitions such as moving to care from independent or assisted living, so decisions stay aligned with residents’ wishes
In New Zealand, activation is distinct from creating an EPOA.
The key difference between an ordinary power of attorney (POA) and an EPOA is continuity during incapacity: a standard POA will stop if your capacity is lost; whereas an EPOA activates and/or endures.
| Feature | Power of Attorney (POA) | Enduring Power of Attorney (EPOA) |
| What it does | Allows someone to act for you, typically for convenience (e.g., you’re overseas and need someone to manage your property) | Continues to operate if you lose mental capacity (two types: property; personal care and welfare) |
| When it works | Only while you have capacity | Property: immediately or on incapacity (you choose). Personal care and welfare: only on incapacity |
| Ends when capacity is lost? | Yes | No (that’s the point of “enduring”) |
| Typical uses | Signing documents, managing tasks while you’re unavailable | Managing finances, and making care and living decisions if you can’t |
Discuss your preferences up front and put them in the EPOA. Because situations vary, it’s important to get legal advice to match your circumstances.
When choosing someone to act as your EPOA, you're effectively deciding who may one day manage your financial and personal affairs during a vulnerable period in your life. It’s an important decision, and the relationship you have with that person matters just as much as their practical qualities.
Have early, open conversations with the person you choose. Share your wishes in writing, talk through specific scenarios, and be clear about how you’d like decisions to be made. The more they understand your values, preferences, and expectations, the better equipped they’ll be to act in your best interests if the time ever comes.
You can change or cancel (revoke) an EPOA any time while you have capacity by giving written notice to your attorney (and notifying any successor attorneys and relevant organisations). If you make a new EPOA that states it cancels the earlier one, give a copy to the previous attorney so their authority clearly ends. If concerns arise, the Family Court can review or cancel appointments.
Planning ahead helps you stay in control of your personal affairs. An Enduring Power of Attorney (EPOA) ensures your wishes are understood and respected, even if you later lose the capacity to make certain decisions. This remains the case when you move into a Ryman retirement village.
Peter had been living alone in his family home, but as his dementia progressed, it became increasingly unsafe for him to remain there. His EPOA was activated once his doctor certified that he no longer had the capacity to make decisions. This allowed his family to arrange the care he needed, guided by the wishes he had outlined in his EPOA.
Ryman is committed to supporting residents to remain as independent as possible, while making informed and confident choices about their lives. We work closely with residents and families, and legal and health professionals at every stage.
Our focus is on honouring each resident’s preferences. If capacity changes over time, it is a priority that decision‑making continues to reflect the resident’s wishes and best interests.
Contact us if you would like to talk through EPOA considerations around a hospital or care transition.
No. While you have capacity, you make your own decisions. Even after activation, attorneys must act in your best interests, consult where required, and some health decisions remain outside an attorney’s power. You may also set consultation/notification expectations in your EPOA.
Yes – it must be made while you have capacity, and it prevents stressful, costly court applications later. Many people create EPOAs at the same time as their will.
Yes – for a Personal Care and Welfare EPOA, a relevant health practitioner must certify that the person no longer has capacity before the attorney can make significant decisions. This can be a GP, geriatrician, or mental health nurse. A property EPOA may also require a doctor’s certificate if it is set to begin only on loss of capacity.
An EPOA comes into effect once a doctor certifies loss of capacity. Timing depends on how quickly a medical assessment can be arranged, and institutions may still require certified copies and a non‑revocation certificate before accepting the attorney’s authority.
Yes. If someone believes the donor still has capacity, or that the attorney is not acting appropriately, the matter can be taken to the Family Court, which can review capacity or suspend/replace an attorney.
Find a Ryman village near you or call 0800 000 290 to chat with our team.