Most people think an Enduring Power of Attorney (EPOA) is something older people need to worry about. It's not. It's something every adult needs, and the sooner it's in place, the better.

Here's why.

What is an Enduring Power of Attorney?

An EPOA is a legal document that gives someone you trust the authority to make decisions on your behalf if you're no longer able to make them yourself. That might be because of a serious accident, a sudden illness, or a condition like dementia that develops over time.

There are two types in New Zealand:

EPOA for Personal Care and Welfare covers decisions about your health, living arrangements, and day-to-day wellbeing. Think medical treatment, where you live, and what care you receive.

EPOA for Property covers your financial affairs. Bank accounts, paying bills, managing investments, dealing with your home. Everything money related.

You can appoint the same person for both, or different people for each. The person you appoint is called your attorney, though they don't need to be a lawyer.

Who needs one?

Everyone over 18. Seriously.

People assume this only matters in old age, but accidents and sudden medical events don't discriminate by age. If you were in a serious car accident tomorrow and couldn't communicate, who would pay your rent or mortgage? Who would make decisions about your medical care? Without an EPOA in place, the answer is nobody, unless your family goes through a lengthy and stressful court process to get that authority.

If you're a business owner, a property investor, or carry any financial responsibility, the stakes are even higher.

What happens without one?

Without an EPOA, your family has no automatic legal right to act on your behalf, even a spouse or partner. They would need to apply to the Family Court for a personal order, which takes time, costs money, and adds significant stress to an already difficult situation.

How do you set one up?

You'll need to come and see us. An EPOA must be signed in front of a lawyer or legal executive who certifies that you understand what you're signing and that you're doing so freely. It can't be done online or witnessed by just anyone.

The process is straightforward. We talk through your situation, help you decide who to appoint, explain the responsibilities involved, and prepare the documents. Your attorney also needs to sign, confirming they understand and accept the role.

Once signed and witnessed correctly, your EPOA is registered with the New Zealand Public Trust, so it's ready to be used if and when it's ever needed.

Don't wait for a crisis

An EPOA can only be set up while you have mental capacity. Once that's gone, it's too late. The time to do it is now, while it's a calm, considered decision rather than an urgent scramble.

It's one of those things that takes a short time to sort and could save your family months  of stress and heartache.

Get in touch with the OC Law team to get yours in place. oclaw.co.nz