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Enduring power of attorney for property and finance

If you need someone to make decisions about your property and finance on your behalf, we can help you put the appropriate arrangements in place. 

Choose who will take care of your financial affairs

In the event of an illness or injury, or as you get older and find it too much to maintain, you may be unable to take care of your property and finances on your own. Or, you may simply want to put that responsibility in someone else’s hands. Choosing an attorney under your Enduring Power of Attorney for Property to make decisions and act on your behalf, will give you the peace of mind that this will all be taken care of.

How it works

A Property EPA includes instructions for when it can take effect - either immediately (while you are mentally capable) or at a point in time when you are deemed incapable. You can appoint more than one property attorney and choose whether they must act jointly or individually. Alternatively, you may want them to have the flexibility to act both jointly and individually.

1
Jointly

This type of appointment means that the attorneys can only act together, each with the knowledge and approval of the other/s.  Unfortunately, this type of appointment means that if one attorney is unable to act for any reason the other attorney cannot act alone.

2
Severally

This type of appointment allows the attorneys to act separately, without the approval of the others. However, the other appointed attorney must be consulted. This type of appointment also enables the donor to revoke the appointment of one attorney, and leave the other in place.

3
Jointly and severally

This type of appointment allows the attorneys to act together and separately, as required.

This will ensure that if something happens to one of the attorneys, which causes the joint authority to cease, the remaining attorney can still act under the several authority provision.

Once activated, your attorney is responsible for managing your finances and assets based on any conditions set out in your Property EPA. The attorney has a legal responsibility to act in your best interests and to consult with you where practicable.


Who should you choose?


What happens next

When your EPA gets activated, there are two paths depending on who you’ve chosen as your attorney. 


1
If Public Trust is your property attorney

We step in to manage your property and financial affairs under our Personal Assist service. We will act in accordance with your valid instructions and any conditions you set out in the EPA, helping as much or as little as needed. There are costs associated with this - see our Personal Assist service for more.


2
If someone other than Public Trust is your attorney

They have the same legal obligations they must fulfil when managing your property, which are outlined here.


3
If there is no attorney

When someone loses the mental capacity to manage their own financial affairs — and they haven’t already got an enduring power of attorney (EPA) for property in place — you can apply to the Family Court to appoint a property manager to look after matters for them. Public Trust can also be appointed to uphold these responsibilities.

Property managers look after the financial affairs of a person who is deemed mentally incapable. The property manager will usually be a family member, friend, or trustee company. 

There are laws that govern how a property manager must act, and what they can do for the protected person. Click here to find out what your responsibilities are as property manager, or call us for advice.

Online EPA

Property EPA $219
Mirror Property EPAs $329
Personal Care & Welfare EPA $219
Mirror Personal Care & Welfare EPAs $329
  • Witnessing appointment is included in these costs

  • The online platform is accessible 24/7 and fully secure

  • Our support team is based in New Zealand, and available for a live chat or phone call

  • Our services can cover all needs – from simple to complex

  • If you need to meet in person for support – please contact us for estimated costs

  • Expert review add on $120

  • To re-open an existing online Welfare or Property single EPA it is only $175

  • To re-open an existing online Welfare or Property mirror EPA it is only $263

In person consultation

Property EPA $372*
Mirror Property EPAs $701*
Personal Care & Welfare EPA $372*
Mirror Personal Care & Welfare EPAs $701*

*Please note:

  • Fees are indicative and include GST.

  • If additional time is needed and agreed at the consultation, further charges from $285.20 (including GST) per hour apply.

  • Payment is due at the initial consultation appointment and cancellation fees apply. Please read Terms of Engagement.

  • Witnessing appointment is included in these costs.

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Find a booklet easier to navigate?

We have created a helpful booklet that has some simple answers for the big questions around wills and enduring power of attorneys.