Protection of Personal and Property Rights

Enduring Powers of Attorney (EPA)

An Enduring Power of Attorney (EPA) is a critical document that appoints a trusted attorney to manage your property, finances, and care decisions if you become mentally incapacitated. Unlike a standard power of attorney, an EPA "endures" after capacity is lost.

Establish Your EPAs

Independent Explanation

Under Section 94A of the Protection of Personal and Property Rights Act 1988, your signature must be witnessed by a solicitor, qualified conveyancer, or legal executive.

The Statutory Certificate: Your witness must explain your legal options, the attorney's fiduciary duties, and sign a statutory certificate of explanation. The document is invalid without it.

The Two Distinct Types of EPA

1. Enduring Power of Attorney for Property

This document authorizes your chosen attorney(s) to manage your financial affairs, bank accounts, mortgage portfolios, investments, tax returns, and real estate transactions.

**Attorneys**: You can appoint one or more attorneys, joint attorneys, or a trustee company.
**Activation**: You can choose to activate the Property EPA immediately (allowing the attorney to sign documents for you while you are traveling) or *only* if you lose mental capacity.
**Successors**: You can nominate successor attorneys to step in if your primary attorney is unable to act.

Financial & Real Estate Control

2. Enduring Power of Attorney for Personal Care & Welfare

This document authorizes your attorney to make medical decisions, select residential rest home care, choose doctors, and dictate daily living arrangements.

**Attorneys**: You can only appoint **one primary attorney** at a time for Personal Care & Welfare to prevent conflicting healthcare decisions.
**Activation**: The Welfare EPA *never* activates while you have capacity. It can only be activated after a qualified medical practitioner issues a certificate of mental incapacity.
**Successors**: You can name successor attorneys to act if your primary attorney is unavailable.

Medical & Welfare Decisions

Property EPA vs. Personal Care & Welfare EPA

Legal Feature	Property EPA	Personal Care & Welfare EPA
Scope of Authority	Bank accounts, assets, home sales, investments, tax, debt management.	Medical treatments, living arrangements, selecting rest home care.
Number of Attorneys	Multiple primary attorneys allowed (jointly or severally) or trustee company.	Only one primary attorney allowed (plus successors).
Activation Trigger	Can be immediate (by choice) or upon capacity loss.	Strictly upon medical certification of incapacity only.
Trustee Company Option	Yes (can appoint a licensed trustee firm).	No (must be an individual).
Consultation Duties	Attorney must consult donor (if possible) and other named contacts.	Attorney must consult donor, family, and welfare advisors.

Upfront EPA vs. Family Court PPPR Act Orders

If you lose mental capacity without an EPA in place, your family is legally locked out. They must apply to the Family Court for Welfare Guardian or Property Manager orders. This table contrasts the two paths:

Feature	Drafting an EPA (Preemptive)	Applying for Family Court Orders (Reactive)
Legal Costs	Standard upfront solicitor drafting/witnessing fees.	$3,000 — $5,000+ (Legal fees, court filing, and lawyer-for-subject fees)
Timeframe	Can be executed within 1 to 2 weeks.	3 to 6 months (requires medical assessments, court hearings, hearings)
Choice of Attorney	You choose who you trust to manage your affairs.	The Family Court decides who to appoint based on family submissions.
Expiry / Renewal	Valid for your entire lifetime (unless revoked by you).	Expires every 3 to 5 years (requires compulsory court review & re-filing)

How We Draft & Witness Your EPA

1. Customized Safeguards

EPAs grant significant authority to your attorney. To prevent financial abuse, we draft custom safeguards and reporting requirements into your document:

**Consultation Clauses**: Requiring the attorney to consult specific family members, your accountant, or solicitor before major asset sales.
**Annual Audits**: Mandating that the attorney present annual financial accounts to an independent accountant.
**Restricted Gifts**: Restricting the attorney's ability to make gifts or loans to themselves or others.

2. Independent Certification

To satisfy PPPR Act statutory rules, we host signing consultations at our Remuera office or via secure video link. During the session, we:

Confirm you have the mental capacity to sign the document.
Verify that you understand your right to revoke or vary the EPA.
Provide the statutory explanation of the attorney's legal duties and execute the compulsory witness certificate.

Schedule an EPA Consultation with Ian Mellett

Protect your welfare, bank accounts, and family assets. Vett your Enduring Powers of Attorney under the Protection of Personal and Property Rights Act 1988.

Request an EPA Quote

Frequently Asked Questions

No. Under the PPPR Act, you can only appoint **one primary attorney** at a time for Personal Care & Welfare. This restriction prevents deadlocks in urgent medical or care situations. You can, however, appoint your spouse as the primary welfare attorney and your child as the successor welfare attorney if your spouse is unable to act.

Yes. You can revoke or change your EPA at any time as long as you still have mental capacity. To do so, you must give written notice of revocation to the attorney and execute a new EPA with statutory independent witnessing. Once capacity is lost, you cannot revoke or change the EPA; only the Family Court can remove an attorney.

A successor attorney is a backup attorney who is authorized to step in and act only if the primary attorney passes away, loses capacity themselves, declines to act, or has their appointment revoked. Appointing successor attorneys is a key safeguard to prevent the EPA from failing and requiring a Family Court application.

Instruct Quay Law for Your Transaction

Contact our Remuera office to discuss your sale or purchase contract, title checks, or financing arrangements.