Plan Ahead.
Protect Your Decisions.
Safeguard Your Future.
None of us expect to lose the ability to make decisions for ourselves.
But illness, accident, or cognitive decline can happen unexpectedly.
A properly prepared Enduring Power of Attorney (EPA) ensures someone you trust can make decisions for you if you are unable to do so.
At Canterbury Legal, our Christchurch lawyers help individuals and families prepare clear, legally sound Powers of Attorney so that your affairs — and your loved ones — are protected.
What Is a Power of Attorney?
A power of attorney is a legal document that allows someone you appoint (your “attorney”) to make decisions or act on your behalf.
An attorney can:
- Operate bank accounts
- Sign legal documents
- Transfer property
- Enter legally binding agreements
- Manage financial and personal matters
Because attorneys can effectively “stand in your shoes,” choosing the right person is critical.
General Power of Attorney (GPA).
A General Power of Attorney (GPA) allows someone to act for you while you still have mental capacity.
GPAs are commonly used:
- When travelling overseas
- For business or company administration
- For temporary assistance with property or financial matters
Important points:
- A GPA only works while you remain mentally capable
- It ends automatically if you lose mental capacity
- It ends immediately upon your death
GPAs are useful tools — but they do not provide protection if you become mentally incapable.
Enduring Power of Attorney (EPA).
An Enduring Power of Attorney (EPA) continues to operate if you lose mental capacity.
This is what makes it so important.
An EPA ensures that decisions can still be made in relation to:
- Property and financial matters
- Personal care and welfare
- Or both
Without an EPA, your family may need to apply to the Family Court to be appointed as welfare guardian or property manager — a process that is time-consuming, costly and stressful.
What Is an Enduring Power of Attorney for Property?
A Property EPA allows your attorney to manage financial and property matters, including:
- Paying bills
- Managing investments
- Selling or transferring property
- Dealing with banks and institutions
You may choose for it to:
- Take effect immediately, or
- Take effect only if you become mentally incapable
More than one attorney can be appointed for property matters.
What Is an Enduring Power of Attorney for Personal Care & Welfare?
A Personal Care & Welfare EPA allows someone to make decisions about:
- Medical treatment
- Living arrangements
- Care facilities
- Health and wellbeing
Only one person can be appointed at a time for welfare decisions.
The EPA for personal care and welfare only comes into effect once you are deemed mentally incapable by an appropriate medical professional.
When Does an Enduring Power of Attorney Take Effect?
For property matters, it depends on how the document is structured.
For personal care and welfare matters, it takes effect only when you are assessed as mentally incapable — meaning you are unable to:
- Make or understand decisions about your care
- Foresee the consequences of those decisions
- Communicate your decisions
If you regain capacity, your attorney’s authority can be suspended.
While you remain mentally capable, you retain full control and can change or revoke your EPA.
Do I need an Enduring Power of Attorney?
Many people assume that a spouse or child can automatically step in if something happens.
That is not always the case.
Without an EPA:
- Banks may refuse to provide access to accounts
- Property transactions may be delayed
- Medical decisions may become complicated
- Court applications may be required
An EPA provides clarity and certainty before a crisis occurs.
It is often prepared alongside a Will as part of a complete estate planning strategy.
How do you create an Enduring Power of Attorney?
Standard forms are available, but strict legal requirements apply.
An EPA must:
- Be in writing
- Be signed by you
- Be witnessed by a qualified professional
- Include certification that independent advice was provided
Signatures may be witnessed by:
- A lawyer
- A qualified legal executive
- An authorised trustee corporation representative
While it is legally possible to prepare an EPA without a lawyer, professional advice ensures:
- The document reflects your wishes
- The correct authority is granted
- Risks and limitations are understood
- The EPA complies with legal requirements
You won’t be able to monitor your attorney if you lose capacity — so it is critical that your EPA is structured properly from the outset.
Choosing the right attorney.
Your attorney should be:
- Over 20 years old
- Not bankrupt
- Competent and trustworthy
Most importantly, they must be someone who will make decisions consistent with your values — not their own preferences.
You may appoint:
- A family member
- A trusted friend
- A lawyer or accountant
- A trustee corporation
Some people choose one person for welfare matters and another for property matters.
The right choice depends on your circumstances and the complexity of your affairs.
Our approach to Powers of Attorney.
When we help you prepare a Power of Attorney or Enduring Power of Attorney, we:
- Discuss your circumstances and long-term goals
- Explain the differences between GPA and EPA
- Help you choose appropriate attorneys
- Draft documents tailored to your situation
- Ensure all legal witnessing and certification requirements are met
We focus on clarity, practicality and certainty.
Frequently Asked Questions.
What is the difference between a GPA and an EPA?
A General Power of Attorney ends if you lose mental capacity. An Enduring Power of Attorney continues to operate if you become mentally incapable.
Does an EPA override my will?
No. An EPA operates while you are alive. A will only takes effect after your death.
Can I change my EPA later?
Yes — as long as you still have mental capacity.
What happens if I don’t have an EPA?
Your family may need to apply to the Family Court to manage your affairs, which can be costly and stressful.
Why choose Canterbury Legal for Powers of Attorney?
- Over 30 years serving Canterbury families
- Clear explanation without legal jargon
- Practical estate planning advice
- Integrated planning alongside wills and trusts
We help you put the right safeguards in place — before they are needed.
