Enduring Power of Attorney

People aged 18 years or over can formally appoint a person or people to act on their behalf. The person who acts on the appointee’s behalf is known as an ‘attorney’. The form /document used to appoint the attorney is known as ‘power of attorney’ (EPA).

The two main forms of attorney at use in New Zealand are:

• The enduring power of attorney in relation to property, and
• The enduring power of attorney in relation to personal care and welfare. The aim of this EPA is to give the attorney the right to act in relation to personal care or welfare if the appointee becomes mentally incapable.

The attorney can make decisions in relation to consent for treatment. However the attorney cannot refuse consent to any standard medical treatment or procedure intended to save the person’s life or prevent serious damage to a person’s health.