Enduring Powers of Attorney (EPAs) play a vital role in later‑life planning, but increasing evidence shows they can also be misused. Submissions to the Law Commission and media reporting have highlighted recurring problems, particularly financial abuse by attorneys, the isolation of older donors from family and support networks, and the high cost and complexity of challenging misuse in the Family Court.
Once concerns arise, families often face significant barriers to taking action. Court processes can be slow and expensive, meaning harm may continue unchecked before effective intervention occurs.
As New Zealand’s population continues to age, strengthening safeguards around EPAs is becoming an increasingly important part of elder law reform.
What this means for you
- Review existing EPAs: If you or a family member already have an Enduring Power of Attorney in place, it’s important to review who has been appointed and whether the document still reflects current wishes and circumstances.
- Choose attorneys carefully: Appointing the right person is critical. Attorneys should be trustworthy, financially responsible, and willing to act transparently and in the donor’s best interests.
- Put safeguards in place early: Clear instructions, regular communication, and involving more than one trusted person can help reduce the risk of misuse.
- Seek advice if concerns arise: If you are worried about how an EPA is being used, early legal advice can help clarify options before problems escalate.
As reform discussions continue, staying informed and proactive remains the best way to protect yourself and those you care about. If you are ready to review or set up your EPAs – contact us for expert help:
- If you already have EPAs: we can run a 15–30 minute EPA Health‑Check to confirm your documents still reflect your wishes and include practical safeguards. Book a time with us (in person or online) to get this started.
- If you don’t have EPAs yet: we will guide you through choosing the right attorneys, tailoring conditions, and signing/witnessing the current prescribed forms so everything is valid and ready when you need it.