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Enduring Power of Attorney Template
An enduring power of attorney (EPA) lets you appoint someone you trust to make decisions on your behalf. Use our free New Zealand template as a starting document for EPAs for property and for personal care and welfare under the Protection of Personal and Property Rights Act 1988.
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ENDURING POWER OF ATTORNEY (PROPERTY)
Protection Of Personal And Property Rights Act 1988 (PPPR Act 1988)
DONOR (THE PERSON GRANTING THIS POWER)
| FULL NAME | Margaret E. Sutherland |
| ADDRESS | 14 Oriental Parade, Oriental Bay, Wellington 6011 |
| DATE OF BIRTH | 12 June 1952 |
| PHONE | +64 4 555 1201 |
| margaret.sutherland@email.co.nz |
ATTORNEY (THE PERSON BEING GRANTED THIS POWER)
| FULL NAME | David R. Sutherland |
| ADDRESS | 88 Manners Street, Wellington 6011 |
| RELATIONSHIP TO DONOR | son |
| PHONE | +64 21 555 1302 |
| d.sutherland@email.co.nz |
I, Margaret E. Sutherland, of 14 Oriental Parade, Oriental Bay, Wellington 6011 (the "Donor"), being 18 years or older and of sound mind, and having received an explanation of this document and its effects from a witness who meets the eligibility requirements of section 94A of the Protection of Personal and Property Rights Act 1988 (PPPR Act 1988), executed in accordance with the prescribed Forms set out in the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008 (as amended in 2012), hereby appoint David R. Sutherland (the "Attorney") as my enduring attorney with the powers set out below.
SCOPE — PROPERTY AND FINANCIAL AFFAIRS (PPPR ACT 1988, S 9)
| POWERS GRANTED | The Attorney is authorised to manage: all property and financial affairs, including real estate, bank accounts, investments, KiwiSaver, debts, income tax, and all other financial and property matters |
| INCLUDES | Real estate, bank accounts, investments, debts, contracts, taxes, and all other financial and property matters as permitted by the PPPR Act 1988 |
| RESTRICTIONS | None — full authority to act in all property matters |
When This Property EPA Takes Effect: This Property EPA takes effect only when the Donor becomes mentally incapacitated (as certified by a medical practitioner). Prior to that point, the Attorney has no authority to act under this EPA.
WHEN PROPERTY EPA BECOMES EFFECTIVE
| PROPERTY EPA — DEFAULT | Takes effect upon certified loss of mental capacity |
| EVIDENCE OF INCAPACITY | A medical certificate from a registered medical practitioner or a court order from the Family Court is required to activate an EPA that takes effect upon incapacity |
Donor Safeguards. The Attorney must act in the Donor's best interests at all times and must not use this power for the Attorney's own benefit, except as permitted by the PPPR Act 1988 (s 107A — Property Attorney's right to reimbursement; s 110 — restrictions on attorney benefits). The Attorney must keep accurate records of all actions taken under this EPA and provide accounts to any "Relevant Person" entitled to request them (s 103 PPPR Act 1988). Revocation. The Donor may revoke this EPA at any time while retaining mental capacity by executing a written notice of revocation under section 30 PPPR Act 1988, signed by the Donor and witnessed in accordance with s 94A. A copy of the revocation must be given to each Attorney. This EPA is automatically revoked on the death of the Donor or, where there is a sole Attorney, on the death, incapacity, bankruptcy or resignation of the Attorney; subsequent marriage or entry into a civil union of the Donor does NOT automatically revoke this EPA (unlike a will). Family Court oversight. Where the Donor has lost capacity, an "interested person" may apply to the Family Court under Part 9 of the PPPR Act 1988 to review the actions of the Attorney, suspend or terminate the EPA, or order alternative arrangements.
WITNESS CERTIFICATION (PPPR ACT 1988 — MANDATORY)
| WITNESS NAME | James K. O'Brien |
| WITNESS ADDRESS | 55 Customhouse Quay, Wellington 6011 |
| WITNESS QUALIFICATION | Lawyer, Legal Executive, or authorised officer of a Trustee Corporation (as required by PPPR Act 1988, s 94A — eligibility) |
| WITNESS CERTIFICATE | The witness must, before the Donor signs, explain the EPA's effect and certify in writing that: (1) the Donor appeared to understand the nature and effect of this EPA; (2) the Donor signed it voluntarily and free from undue influence; (3) the witness explained the EPA and the prescribed Information to the Donor; and (4) the witness is independent of both the Donor and the Attorney (no spouse, civil-union partner, de-facto partner, family member or person living with either) |
Important Legal Note. Under section 94A of the PPPR Act 1988 (as amended by the Protection of Personal and Property Rights Amendment Act 2007 and 2016 reforms), an Enduring Power of Attorney must be witnessed by a person who is: (a) a practising lawyer, a qualified legal executive, or an authorised officer of a Trustee Corporation; and (b) independent of both the Donor and the Attorney (independent meaning: not a spouse, civil-union partner, de-facto partner, family member, employee, business partner, or person residing with either the Donor or the Attorney). The witness must also certify in writing that they explained the EPA's effect and prescribed Information (Schedule 1 of the 2008 Regulations) to the Donor before signing. An EPA that does not comply with section 94A is legally invalid. The Donor and Attorney are strongly advised to complete this document with the assistance of a qualified New Zealand lawyer, particularly where the Donor's capacity may be questioned at the date of signing.
I, Margaret E. Sutherland, declare that I have read and understood this Enduring Power of Attorney, that I understand its nature and effect, and that I am signing it voluntarily on 15 April 2026.
DONOR
Margaret E. Sutherland
Signature of Donor
Date: ____________________
ATTORNEY
David R. Sutherland
Attorney Acceptance — I accept this appointment
Date: ____________________
WITNESS
James K. O'Brien
Witness (Lawyer / Legal Executive) — I certify I have explained this EPA to the Donor
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an Enduring Power of Attorney?
An enduring power of attorney (EPA) is a formal legal document in which a person (the "donor") appoints another person (the "attorney") to make decisions on their behalf. The "enduring" element means the authority continues even if the donor later loses mental capacity — which is why EPAs are a cornerstone of personal planning in New Zealand.
New Zealand law recognises two types of EPA under the Protection of Personal and Property Rights Act 1988 (PPPR Act): an EPA for property (covering financial and property decisions) and an EPA for personal care and welfare (covering health, accommodation, and lifestyle decisions). Most people make both, either in favour of the same attorney or different attorneys.
The PPPR Act prescribes strict requirements: the donor must have capacity when signing; the document must be in the prescribed form; the donor’s signature must be witnessed by a qualified witness (a lawyer, qualified legal executive, or trustee corporation representative) who has explained the effects of the EPA; and the attorney must sign an acceptance. Our template reproduces the prescribed-form structure, but you should confirm the current form and obtain witness certification before the EPA takes effect.
What's Covered in This Template
Our EPA template covers both property and personal care and welfare, reflecting the prescribed-form structure under the PPPR Act 1988.
Donor Details
Full legal name, date of birth, and address of the person granting the EPA.
Attorney Details
Full legal name, date of birth, address, and relationship to the donor for each attorney.
Type of EPA
Clear selection between EPA for property, EPA for personal care and welfare, or both.
Scope of Authority — Property
General or specified property authority, covering banking, investments, real estate, and IRD matters.
Scope of Authority — Personal Care
Authority over health, accommodation, and lifestyle decisions on loss of capacity.
Commencement
Whether the property EPA commences immediately or only on loss of capacity.
Multiple or Successor Attorneys
Appointment of joint attorneys (deciding together) or joint-and-several (each acting alone), plus successor attorneys.
Conditions and Restrictions
Any conditions the donor imposes on the attorney’s authority.
Persons to Be Consulted
Family members or trusted persons the attorney must consult before major decisions.
Revocation
Statement that the EPA can be revoked while the donor has capacity.
Witness Certification
Space for the qualified witness to certify the donor’s capacity and understanding.
Attorney Acceptance
Acceptance signature of each attorney confirming willingness to act.
How to Create an EPA
Follow these steps, but note that an EPA requires qualified witnessing to take effect.
- 1
Choose the Type of EPA
Decide whether you want an EPA for property, for personal care and welfare, or both.
- 2
Enter Donor and Attorney Details
Provide the donor’s details and the details of the attorney(s) and any successor attorneys.
- 3
Define Scope and Conditions
Set the scope (general or specified), commencement, and any restrictions or persons to consult.
- 4
Review with Your Attorney
Discuss the document with the proposed attorney(s) so they understand their duties and accept the role.
- 5
Sign Before a Qualified Witness
The donor must sign in the presence of an independent qualified witness (lawyer, qualified legal executive, or trustee corporation representative) who certifies the EPA. The attorney then signs an acceptance.
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Legal Considerations
EPAs are formal statutory documents and must meet the strict requirements of the PPPR Act 1988 to be valid.
This template is for informational purposes only and does not constitute legal advice. EPAs must be witnessed and certified by a qualified independent witness. Take advice from a New Zealand lawyer or qualified legal executive to ensure the EPA is valid.
Aligned with the Protection of Personal and Property Rights Act 1988
Prescribed Form and Witnessing
Sections 94A and 94B of New Zealand’s Protection of Personal and Property Rights Act 1988 require EPAs to be in a prescribed form and to be witnessed by a qualified independent witness (a New Zealand lawyer, qualified legal executive holding a current practising certificate, or an authorised representative of a trustee corporation). The witness must certify that they have explained the effects of the EPA to the donor and have no reason to believe the donor is mentally incapable.
Capacity at the Time of Signing
Under section 94, the donor must have mental capacity at the time of signing the EPA. Capacity is the ability to understand the nature and foresee the consequences of decisions. If capacity is doubtful, a medical opinion should be obtained. The EPA is voidable if executed without capacity.
Attorneys’ Duties and Oversight
Under New Zealand law, attorneys owe fiduciary duties to the donor, including to act in the donor’s best interests, avoid conflicts of interest, keep records, and not mix funds. The New Zealand Family Court has oversight jurisdiction under the PPPR Act and can direct, vary, or revoke an EPA if the attorney is not acting properly. Third parties (e.g. family members) can apply under section 102 for orders.
Activation of a Property EPA
A property EPA can be expressed to operate from a specified date, on loss of capacity, or immediately. If it operates from loss of capacity, a certificate from a medical practitioner is typically required before the attorney can act. Personal care and welfare EPAs only come into effect on loss of capacity (section 98(4)).
Frequently Asked Questions
Plan for the Unexpected
Start your New Zealand enduring power of attorney with a comprehensive PPPR Act–aligned template, ready for final review and qualified witnessing.
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