Enduring power of attorney in New Zealand: the two types, the cost and how to set one up

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed quarterly, when the underlying data is restated.

An enduring power of attorney (EPA) is a legal document under the Protection of Personal and Property Rights Act 1988 that lets someone you choose, your attorney, make decisions for you if you can no longer make them yourself. There are two types: property, and personal care and welfare. Providers charge from about $219 to over $1,000, depending on the provider and the complexity. This page is general information, not legal advice.

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An ordinary power of attorney is different: it lets someone act for you for a set purpose or period, for example while you are overseas, but it ends if you lose mental capacity (New Zealand Law Society: Powers of attorney). An EPA continues after incapacity, and that is why most people planning ahead want one. An EPA is about decisions during your life. It has no effect on who inherits, which is the job of a will.

The two types of EPA

	Property EPA	Personal care and welfare EPA
Covers	Money, bank accounts, investments, the house and other assets	Where you live, health treatment and day-to-day wellbeing
How many attorneys	One or more, acting jointly, severally or by majority as you choose	One individual only (s98(2)); a successor can be named
When it starts	Immediately, or only on incapacity, as you set it	When you lack capacity: a certificate is needed for "significant matters", and a reasonable belief for others (s98(3) and (6))

(govt.nz: Enduring power of attorney; PPPR Act, retrieved 20 October 2026.)

A property EPA that runs only on incapacity needs a certificate or a court determination first (s97(4) and (5)). A property EPA you set to start immediately can be used while you are capable, for example to help with banking. Later loss of capacity does not cancel an EPA (s96). A personal care EPA does not need a doctor's certificate of incapacity for every decision: the certificate requirement is for significant matters, and a reasonable belief is enough for others.

Who can be your attorney

An individual attorney must be at least 20, not bankrupt, and not subject to a personal or property order; a trustee corporation such as Public Trust can also act (s95(3)). You can choose a spouse, partner, adult child, friend or professional. Choose someone you trust with your money and care decisions who is also realistically able to do the job. Next of kin has no automatic authority: a spouse or adult child cannot take over your finances just because they are the closest relative, unless they hold a valid EPA or a court order (Public Trust: Enduring Power of Attorney). For joint property attorneys, decide in advance whether they must agree together (jointly), or can each act alone (severally), because a joint deadlock can stall decisions. A couple might appoint each other and name an adult child as successor; each EPA is still a separate document.

How an EPA is made valid

An EPA must be on the prescribed form, and your signature must be witnessed by a lawyer, a trustee corporation officer authorised to do it, or a qualified legal executive who is independent of the attorney (s94A). The witness explains the effects of the document and certifies that they have no reason to suspect you lack capacity and no reason to think you are under undue pressure. That is a legal witness's certificate, not a medical certificate of capacity. You must be over 18 and mentally capable when you sign (NZ Law Society; PPPR Act).

Because the document has to be signed while you are mentally capable, the time to make one is before a diagnosis such as dementia, not after. Once capacity is lost, you can no longer make one.

What an attorney must do

An attorney must act in your best interests, which are paramount (ss 97A and 98A), consult you and others where practicable (s99A), keep records while you are incapable (s99C), and not benefit themselves unless the EPA, the court or an exception allows (s107). The Family Court can review an attorney's decisions, give directions, and revoke an attorney who is not acting in your best interests; it must revoke for undue influence, fraud or unsuitability (ss 103 and 105). It is free to ask the Family Court to look into an EPA (Ministry of Justice). If you are worried about misuse, see power of attorney misuse in NZ. The Elder Abuse Response Service is free and open 24 hours on 0800 32 668 65.

What an EPA costs

Provider	Cost	Notes
Ross Holmes Virtual Lawyers, online	One EPA $249 (couple $379); both EPAs $449 (couple $679)	Prices include GST; the firm says witnessing is in person at its office, so confirm the location with the firm
Ross Holmes, assisted	One EPA $349 (couple $649); both EPAs $649 (couple $1,199)	Same GST statement
PK Law, excluding GST	Complexity 1: one EPA $750, both $1,300, couples $2,300 for both; complexity 2: $1,100, $2,000, couples $3,500	PK Law pricing, retrieved 20 October 2026
Public Trust	Online $219 per EPA, in-centre $385 per EPA	From a QuoteHub check of its price list on 9 September 2026, not reconfirmed; its EPA page now gives no figures

Sources: Ross Holmes Virtual Lawyers, retrieved 20 October 2026. govt.nz gives no dollar figure, only that an EPA has costs and "could save you some costs" if planned ahead. Prices vary by whether you set up one EPA or both and how complex your situation is.

If capacity is lost and there is no EPA

If you lose capacity with no EPA, someone must ask the Family Court. The Ministry of Justice lists three options: a welfare guardian for personal care and welfare, a person appointed to look after property or income, and a one-off personal order (Ministry of Justice: Powers to make decisions). Public Trust calls this process time-consuming, costly and stressful, and the person appointed may not be the one you would have picked. We could not source a published cost for these applications, so we do not give one. The practical lesson is simple: arranging an EPA early is far easier than a court application during a health crisis.

Changing or ending an EPA

An EPA ends when the donor dies (s106(1)(b)). The Family Court can also cancel one, for example when the attorneys are not acting in the donor's best interests (govt.nz). govt.nz says you can cancel your EPA or change your attorneys by giving them written notice, and you should tell any successor attorneys and your bank as well (govt.nz: Create an enduring power of attorney). A new EPA that states it revokes an earlier one of the same kind revokes it once a copy is given to the earlier attorneys (section 95A), so ask the lawyer who made yours to handle it.

After a death the attorney's authority stops, banks freeze accounts that are not joint with a living owner, and the executor named in the will takes over. See executor versus power of attorney, executor of a will and probate in NZ.

Steps to set one up

Decide whether you need a property EPA, a personal care and welfare EPA, or both.
Choose your attorney or attorneys, and any successor.
Decide when a property EPA starts: immediately, or only on incapacity.
Book a lawyer, qualified legal executive or trustee corporation to explain and witness the signing.
Keep the signed original safe and tell your attorney where it is.

An advance care plan states your wishes for future treatment; see advance care plans in NZ. For how an EPA interacts with an insurance policy or claim, see enduring power of attorney and insurance.

Where to get advice

An EPA covers decisions while you are alive and a will covers your estate; neither pays a lump sum. If you also want to look at cover, the buttons on this page open Momentum Life's applications. Quick Life takes ages 18 to 65 and excludes pre-existing conditions and suicide for the first 2 years. Funeral Insurance takes New Zealanders aged 40 to 75, pays only for accidental death in the first 24 months, and its total premiums can exceed the benefit, which may not cover a whole funeral. Neither takes new applicants over 75. Momentum Life Limited is rated B (Fair) by A.M. Best; see its financial strength page. QuoteHub is a Momentum Life partner and Smiths Insurance & KiwiSaver may receive a commission if you buy a Momentum policy; see how we are paid. Advice on any cover is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.