Enduring Powers of Attorney: No, they’re not just for “old” people!

08th October 2025

In New Zealand, many people associate Enduring Powers of Attorney (EPA) with old age, or the very end of life. It’s common to hear, “I don’t need one yet, my family can make decisions for me if something happens.”

That assumption is both dangerous and legally incorrect. In reality, EPAs are one of the most valuable legal documents an adult can put in place, regardless of their age, because there is simply no way of knowing what is around the corner. Were the unfortunate to happen to you, your family do not need the added stress of jumping through (avoidable) legal hoops.

What is an Enduring Power of Attorney?

An EPA is a legal document that allows you (“the donor”) to appoint someone you trust (“the attorney”) to make decisions on your behalf if you lose the ability to make or communicate decisions for yourself.

In New Zealand, there are two main types:

EPA for Property. This covers your finances, assets, personal chattels, and property dealings.
EPA for Personal Care and Welfare. This covers your health, medical care, and living arrangements.

Unlike an ordinary power of attorney which will expire if you lose capacity, EPAs remain effective even if you become mentally incapable, hence “enduring.”

The Myth of the “Next of Kin”

One of the most widespread misconceptions we hear is that a person’s “next of kin” can automatically make decisions for them if they’re incapacitated. It is easy to understand how this misconception has arisen and become so widespread: it is a concept often seen and referred to in medical TV dramas from the United States and reflects the default legal position in some states of the US.

This is not true under New Zealand law: “next of kin” is not a legally recognised role.

Hospitals, banks, and government agencies may speak to family members, but they are not obliged to, and they risk breaching their privacy obligations to clients if they choose to disclose information to a client’s family member without consent. Furthermore, family members do not have authority to make binding decisions unless they are formally appointed under an EPA or by the Family Court.

Without an EPA in place, if you suffer a stroke, traumatic injury, mental health crisis or lose capacity in some other way, your loved ones could be left powerless and may have to apply to the Family Court for a welfare guardian or property manager. That process is costly, slow and stressful. The threshold to be appointed by the Court is also much higher, so the outcome is less assured.

Why EPAs Are Not Just for Older People

While EPAs are often promoted to those at or around retirement age, they are just as crucial for younger adults. We urge adults who may think they are “too young” to need EPAs to consider:

• Accidents don’t discriminate. A car crash, sports injury, or sudden illness could leave anyone, at any age, unable to manage their affairs.

• Mental health and capacity issues. Conditions such as depression, bipolar disorder, or brain injuries can affect anyone at any age and could temporarily or permanently affect decision-making ability.

• Property and financial responsibilities. Many people in their 20s, 30s, and 40s own homes, run businesses, or have dependants. Without an EPA, there is no safety net if they lose capacity.

• Children and dependants. If you have young children, your ability to direct your finances and living arrangements is critical to their care.

In short: if you are over 18 and have assets, responsibilities, or people depending on you, you should consider an EPA.

The Value of Certainty

An EPA gives you the power to choose someone youtrust to manage your affairs if you lose capacity. The alternative, appointment of a welfare guardian or property manager, gives the Court the power to make that decision for you. If you value your autonomy and judgment of who will act in your best interests, then it is better to take that decision into your own hands and choose who you want to act on your behalf.

An EPA provides:

• Control. You choose who makes decisions for you, rather than leaving it up to the Court.

• Efficiency. Your attorney can act immediately if something happens, without expensive legal applications.

• Peace of mind. You know your affairs will be handled by someone you trust.

Enduring Powers of Attorney in New Zealand are not just for the elderly, they are for anyone who wants to safeguard their wellbeing, finances, and loved ones against the unexpected. The widely popularised “next of kin” concept gives many people a false sense of security and comfort. Without an EPA, families can face unnecessary stress, cost, and delay at precisely the time when decisions need to be made quickly.

Making an EPA is not just a legal formality, it is one of the most practical acts of responsibility and care you can take, no matter your age.

Our specialist team of property lawyers at McMillan&Co. can assist you in implementing or updating your Enduring Powers of Attorney, so you can take control of your future and give your loved ones peace of mind.

If one of your loved ones has lost capacity without Enduring Powers of Attorney in place, our team can also assist you in applying to the Court for the appointment of a welfare guardian and/or property manager.