Looking to protect your future? Speak to our

Enduring Power of Attorney Lawyers in Auckland

An Enduring Power of Attorney (EPA) ensures your wishes are followed if you become lose mental capacity.

An EPA allows you to appoint a trusted individual to make decisions on your behalf. However, this can come with risks and potential issues further down the line, if not correctly implemented at the outset.

At Evolution Lawyers, we provide expert legal guidance on creating, activating, and managing EPAs, giving you peace of mind that your future wellbeing and property is secure.

What is an EPA?

An EPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity.

This could include managing your financial affairs or making important decisions about your personal care and welfare.

Unlike a general power of attorney, an EPA continues even after you lose the ability to make decisions.

Why Do You Need an EPA?

If you want to ensure that your finances and personal care are managed by someone you trust if you are unable to make decisions for yourself, an EPA is essential.

It protects your interests and prevents the family court from appointing someone you might not have chosen to make decisions for you.

Having an EPA in place can also reduce the stress and complexity for your family members in case you lose capacity.

How to Create an EPA?

Creating an EPA is straightforward with the right legal advice.

At Evolution Lawyers, we guide you through the process of selecting an attorney and ensure all legal requirements are met.

You will need to specify the scope of your attorney’s powers and whether they cover personal care, property affairs, or both.

We can draft and prepare the documents, ensuring they are properly executed and witnessed in accordance with New Zealand law.

When does an EPA Activate?

An EPA is activated when a medical professional assesses that you are mentally incapable of making decisions for yourself. At that point, the attorney appointed can step in to manage your personal and financial matters.

As part of our service, we can help ensure the activation process goes smoothly, so that your wishes are carried out as intended.

Can You Dispute an EPA?

Yes, in certain circumstances, an EPA can be disputed.

If you believe the appointed attorney is not acting in the best interests of the person who appointed them, or if there are concerns about the document’s validity, we can help.

Our legal team can assist you in challenging or revoking an EPA through the courts, protecting the rights and welfare of all involved.

Common Issues That Arise with Enduring Powers of Attorney

Lack of Understanding

Many donors do not fully understand the extent of the powers they are granting to their attorney, particularly in cases involving property or financial matters. This can lead to misunderstandings or disputes down the line.

Attorney Misuse of Power

Attorneys may sometimes misuse their power by making decisions that are not in the best interest of the donor, especially if proper checks and balances are not in place.

Failure to Consult

Attorneys may neglect their responsibility to consult with family members or other interested parties, causing conflict or disagreements within families.

Conflicting Instructions

The donor might leave unclear or contradictory instructions within their EPA, leading to confusion about what decisions should be made on their behalf.

Lack of Regular Review

Many people do not review their EPA regularly, so the person they appointed as their welfare attorney years ago may no longer be the best choice (such as changes in relationship or trust).

Inadequate Legal Advice

Some individuals create an EPA without seeking proper legal advice, resulting in documents that are either incomplete or fail to cover necessary contingencies.

Limited Oversight

There can be a lack of oversight or accountability, as attorneys may not be required to report their actions regularly to a third party unless specifically instructed in the EPA.

Disputes Among Family Members

Appointing multiple attorneys or failing to communicate decisions with family members can lead to disputes, especially when family members feel they have been excluded from important decisions.

We Can Help You with All Matters Regarding Enduring Powers of Attorney

We offer comprehensive legal support for all aspects of enduring powers of attorney. Whether you’re creating an EPA, need help activating one, or require assistance resolving a dispute, our experienced legal professionals offer clear, practical advice every step of the way.

Meet the Team

Thomas Bloy

Tamina Cunningham-Adams

Lucas Kim

Our Client Testimonials

    
 
 
         
   Anna Neill 
 
 
 
 Trustindex verifies that the original source of the review is Google. I worked with two solicitors at Evolution Lawyers (Soomy Jang and Nimo Ni) and both were terrific.  They were very responsive, thorough, and careful to explain a complicated process as carefully as possible. Nimo followed up to answer questions even after settlement. Dana Carrad, Office Coordinator, was also fantastic.
  
 
        
   K R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Friendly service and great legal advice which was clear and easy to understand. Highly recommended!
  
 
        
   Anna Phillips 
 
 
 
 Trustindex verifies that the original source of the review is Google. I’m incredibly grateful for the support and guidance I received with my inheritance case, which was quite complex due to international inheritance laws.  Throughout the entire process, they were responsive, professional, and transparent. They took the time to explain things clearly and made a complicated and stressful process feel much more manageable.

I also really appreciated how fair and reasonable they were with their fees. They never charged excessively and often took extra time to answer my questions and provide guidance without adding extra charges.

I truly appreciated their expertise, patience, and genuine support and wouldn’t hesitate to recommend them.
  
 
        
   Nilen Chetty 
 
 
 
 Trustindex verifies that the original source of the review is Google. Evolution Lawyers recently handled the sale of my property. I have utilised their services in the past for a sale and purchase, their good service is why I chose them again. Josh was a pleasure to work with and kept me updated all the way. I really liked the teams meeting to sign the final documents. Saved a lot of time by doing this.
  
 
        
   Therese Singleton 
 
 
 
 Trustindex verifies that the original source of the review is Google. Our experience with Evolution lawyers was first class. From the very interaction through to final settlement service was fast and straightforward. We got good solid advice through the process and our lawyer Soomy was clear in his advice. I am a lawyer myself which is always a tough client and I have no hesitation in highly recommending this firm. It is modern, tech savvy and so easy to engage with.
  
 
        
   Melanie Davey 
 
 
 
 Trustindex verifies that the original source of the review is Google. I absolutely 100% recommend Evolution Lawyers to anyone!!!
Matt has been incredible going above and beyond!!
I am so forever grateful for everything they have done for me!! 🌟🌟🌟🌟🌟
  
 
        
   William Purcell 
 
 
 
 Trustindex verifies that the original source of the review is Google. It was a real blessing to have Evolution (Nimo & Tamina in particular) oversee the purchase of our property outside of Auckland. Was not a straightforward process. So many unplanned obstacles & delays throughout - but their professionalism, patience & empathy in equal amounts, kept us from worrying & stress.
Forever grateful & I highly recommend.
  
 
        
   Hamish McDonald 
 
 
 
 Trustindex verifies that the original source of the review is Google. Tamina, Nimo and Matt were very supportive, sympathetic and professional in helping us achieve a good outcome in challenging a family estate issue.
We would highly recommend Evolution Lawyers.
Amanda and Hamish, Sydney
  
 
        
   Peter Lamberton 
 
 
 
 Trustindex verifies that the original source of the review is Google. We recently reached out to Tamina after not having worked together for some time.

As an ERP implementation consulting firm Primacc Systems deal with complex commercial situations regularly, and on this occasion, we needed clear guidance quickly. Tamina was incredibly responsive and provided practical, well-considered advice at a time when it really mattered.

What stands out most is her ability to listen, understand the context, and give straightforward, commercially sensible guidance without overcomplicating things. That combination of responsiveness, clarity, and sound judgement is exactly why Evolution are our lawyers.

If you want the right people in your corner then we highly recommend.  You won't be dissapointed.

We Are Located in the Heart of Auckland

FAQs About EPAs

Does enduring power of attorney continue after death?

No, an EPA ends upon the death of the person who granted it.

Who can witness an enduring power of attorney?

An independent lawyer or legal executive must witness the donor’s signature. The person witnessing cannot be the appointed attorney or a family member.

Can a beneficiary be the enduring power of attorney?

Yes, a beneficiary of your estate can also be your attorney. However, it is crucial to choose someone who will act in your best interest and avoid conflicts of interest.

Do older EPAs need updating?

Yes, older EPAs may need updating to reflect changes in New Zealand’s legal requirements. Our law firm can review and update your EPA to ensure it is current and valid.

Can you execute your enduring power of attorney yourself?

No, it is essential that the EPA is signed in the presence of an independent witness, typically a lawyer, to ensure it meets all legal standards.

Can two or more people be an attorney under an EPA?

Yes, you can appoint more than one attorney to share the responsibilities. It’s important to specify how they will make decisions – either jointly or separately.

Does the attorney have access to the donor's bank accounts as part of the EPA?

Yes, if an EPA for property is in place, the attorney can have access to the donor’s bank account. The property attorney allows the attorney to manage the donor’s financial matters, which may include access to, and control of the donor’s bank accounts, paying bills, managing investments, and handling other financial transactions on behalf of the donor. However, the extent of this access depends on the exact terms of the EPA.

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