If you become unable to make your own decisions and you don't have an Enduring Power of Attorney (EPOA), no one automatically has the legal right to make decisions for you. This includes your partner and your children.
Many people assume their family can simply step in, but without an EPOA, the people closest to you may need to go to the Family Court to get permission to help you, and decisions about your health may be made by health professionals rather than by the people you trust.
This article explains what may happen with your money, property, and personal health without having an EPOA in place.
Your money and property
Without an EPOA for property, your family can't legally manage your money or assets for you. In practice, this can mean:
- your bank may limit access to accounts held in your name only
- bills, rates or care fees may be harder to pay
- your house can't be sold, rented out or remortgaged, even if the money is needed for your care.
To manage your affairs, someone would need to apply to the Family Court under the Protection of Personal and Property Rights Act 1988 to be appointed as your property manager.
This process can take weeks or months, and it usually costs more than setting up an EPOA in the first place. The court decides who is appointed. It may be a family member, but equally it could be someone you wouldn't have chosen, or even a professional organisation such as the Public Trust. A property manager also has to report regularly on how they're managing your money, which adds time and cost.
Your personal care and welfare
An EPOA for personal care and welfare lets someone you choose make decisions about things like where you live, your day-to-day care and your medical treatment.
Without one, your family can apply to the Family Court to be appointed as your welfare guardian. As with a property manager, this takes time and money, and the court has the final say on who is appointed.
If no one has been appointed, decisions about your medical treatment are made by your health professionals. Under the Code of Health and Disability Services Consumers' Rights, they must act in your best interests, try to find out what you would have wanted, and talk with the people who care about you. Your family will usually be consulted, but they don't get the final say.
If you don't have an Advance Care Plan
An Advance Care Plan sets out what matters to you and the kind of care you would want in future, particularly towards the end of your life. It might cover whether you'd want resuscitation, where you'd prefer to be cared for, and what you'd want if you became very unwell.
Without a plan, your doctors and family have to make their best guess about what you would want. This can be stressful for the people you love, especially if they disagree with each other.
An Advance Care Plan isn't usually legally binding on its own, but it is incredibly useful for whoever you appoint as your welfare guardian in your EPOA. If you want to refuse or agree to a particular treatment in advance, you can also make an advance directive.
Why timing matters
You can only set up an EPOA while you still have the mental capacity to understand what you're signing. Once that capacity is lost, it's too late, and the Family Court process becomes the only option.
Capacity can be lost suddenly, such as after a stroke or an accident, not just gradually through conditions like dementia, so it's important to set one up while you're well.
What you can do now
Set up your EPOAs. There are two separate types: one for property and one for personal care and welfare. You can arrange these through a lawyer, Public Trust or a trustee company. Costs vary between providers, so it's worth asking for a quote. [Placeholder: insert indicative costs or provider details if relevant.]
Make an Advance Care Plan. Free guides and templates are available at myacp.org.nz. Your GP can also talk it through with you.
Talk to the people involved. Let your chosen attorneys, family and GP know what you've put in place and why.
Keep your documents where they can be found. Make sure the right people know where they are, and consider giving copies to your GP.
Updated: 9 Oct 2026