Being asked to act as someone's attorney under an Enduring Power of Attorney (EPOA) is a significant thing. It means someone trusts you completely to make decisions on their behalf when they no longer can. Before you say yes, it's worth understanding exactly what you're agreeing to.

What is an attorney?

In everyday language, attorney usually means lawyer. In the context of an EPOA, it means something different. Your attorney is the person you appoint to act on your behalf if you lose mental capacity, whether through illness, injury, or cognitive decline.

There are two types of EPOA in New Zealand, and you can be appointed as attorney for one or both:

Property attorney: manages financial matters including bank accounts, paying bills, dealing with property, and managing investments.

Personal care and welfare attorney: makes decisions about health, living arrangements, and day-to-day wellbeing.

What are the responsibilities?

Being an attorney is not a passive role. If the EPA is ever activated, you are legally responsible for making decisions that reflect the wishes and best interests of the person who appointed you, not your own preferences or convenience.

For a property attorney, that means keeping careful records of all financial transactions, keeping the person's money separate from your own, and being able to account for every decision you make.

For a personal care and welfare attorney, it means consulting with medical professionals, understanding the person's previously expressed wishes, and advocating for their wellbeing even when that's difficult.

In both cases, you must act honestly, in good faith, and always in the best interests of the person you represent. The role carries real legal weight. Getting it wrong can have serious consequences.

When does the role begin?

A property EPOA can be set up to come into effect immediately, or only when the person loses capacity. A personal care and welfare EPOA only ever activates when the person has lost capacity. Until that point, you have no authority to act.

Can you resign?

Yes, but not without notice, and not at a time that would leave the person without protection. If you genuinely feel you can no longer fulfill the role, it's important to get legal advice before stepping back.

Who should you appoint?

Choose someone you trust absolutely. Someone who understands your values, will respect your wishes even under pressure, and is organised and level-headed enough to handle financial or medical decisions on your behalf. It doesn't have to be a family member. Sometimes a close friend or professional advisor is a better fit.

It's also wise to appoint a successor attorney, a backup who can step in if your first choice is unable to act.

Before you say yes

If someone has asked you to be their attorney, have an honest conversation with them about their wishes, their finances, and what they would want in different scenarios. The more you understand now, the better placed you'll be to act for them later.

At OC Law, we can walk both parties through the process, explain the responsibilities involved, and make sure the EPOA is set up correctly so it works when it needs to.

📩 Get in touch with the OC Law team today. oclaw.co.nz