What is an Enduring Power of Attorney?
An EPA is a legal document that authorises the person you name as your Attorney to legally act on your behalf, on the terms and conditions specified in your EPA. You can choose anyone (over 20 years of age) to be your Attorney - your Attorney does not have to be a lawyer.
When choosing your Attorney, you should always choose someone that you trust will act in your best interests, when you can no longer make decisions for yourself.
You can cancel or revoke your EPA while you are mentally capable. Your EPA can only be used by your Attorney while you are alive. Once you pass away, any EPA that was held comes to an end and cannot be used to administer your estate.
Types of Enduring Powers of Attorney
EPA for Property
This type of EPA grants your Attorney authority to make decisions regarding your personal property and financial affairs. An EPA for Property can begin immediately from the date you sign the EPA, or you can choose for it to begin only when you become mentally incapable of making decisions for yourself. You can name one Attorney, or two or more Attorneys to manage your property. Where you choose two or more Attorneys, you are required to record in your EPA whether they must all agree on all decisions (act jointly) or if any of them can act alone (severally).
EPA for Personal Care and Welfare
This type of EPA grants your Attorney authority to make decisions regarding your health and well-being, including matters such as where you live and the medical treatment you may need. An EPA for Personal Care and Welfare only comes into effect when you lose mental capacity. You can only name one Attorney to manage your personal care and welfare.
Rabobank can only accept instructions from an Attorney who has been appointed under an EPA for Property.
If you choose to appoint an Attorney to manage your property and finances, it is important that you appoint someone that you trust. Giving someone access to your bank accounts can increase your risk of financial abuse. Before you grant access to another person to manage your finances, you should seek independent legal advice.
Why are Enduring Powers of Attorney important?
If something happens to you and you are no longer able to make decisions for yourself or manage your own affairs, you will need someone that you trust to make those decisions for you.
Everyday decisions and responsibilities such as accessing your bank account, paying bills, and managing your property will transfer to your Attorney if you have an EPA for Property in place, and all decisions relating to your personal care and welfare will transfer to your Attorney if you have an EPA for Personal Care and Welfare in place.
It is important to note that you can only set up EPAs while you have mental capacity. The moment you lose mental capacity, your family would be required to apply to the Family Court for Orders to act on your behalf (see here for more information on this topic).
If you would like to set up an EPA you will need to speak to a lawyer, who will advise you on the next steps you need to take.
What happens if you don’t have an Enduring Power of Attorney?
In the event that you lose mental capacity and do not have an EPA in place for your Property or Personal Care and Welfare, a family member may need to apply to the Family Court to request that the Court either make decisions for you, or that the Court appoint someone in an Order to make decisions for you.
If you do not have family, there are other people who can apply for a Property of Personal Order for you, such as a doctor, social worker, or any other person who gets the Family Court’s permission to apply.
What is the difference between an Enduring Power of Attorney and a General Power of Attorney?
An EPA is used for longer term protection and does not end when you (the Donor) lose mental capacity.
A General Power of Attorney (“POA”) is used by a Donor to delegate authority to an Attorney to act on the Donor’s behalf, usually for a short and specified period of time. A POA is useful for when an individual is physically unable to sign documents, which could be due to geography or temporary physical disability.
It it important to note that a POA:
- Is immediately revoked if the Donor dies or loses mental capacity; and
- Can have conditions and restrictions on the type of powers that the Attorney holds, how those powers can be used, and when the POA comes into effect.
Attorneys who need to access a Rabobank client’s bank account
Attorneys appointed under Enduring Power of Attorney for Property
Please post the following documents to:
Freepost Rabobank, PO Box 38564, Wellington 5045
- A covering letter with the Account owner’s full name, your full name, contact number, email address and residential address, together with your instructions that you would like to be added as an Attorney to the Rabobank client’s bank account;
- A certified copy (certified within the last three (3) months) of the Enduring Power of Attorney for Property. The Enduring Power of Attorney for Property must be certified by a Solicitor or Justice of the Peace;
- Where the Enduring Power of Attorney is activated when the Account owner loses mental capacity, please provide a certified copy of the Medical Certificate declaring the Account owner mentally incapacitated;
- A completed and signed Certificate of Non-Revocation and Non-Suspension; and
- A certified copy of the Attorney(s) identification (please refer to our Identity Verification Checklist).
Download documents here
Attorneys appointed under General Power of Attorney
Please post the following documents to:
Freepost Rabobank, PO Box 38564, Wellington 5045
- A covering letter with the Account owner’s full name, your full name, contact number, email address and residential address, together with your instructions that you would like to be added as an Attorney to the Rabobank client’s bank account;
- A certified copy of the General Power of Attorney;
- Completed and signed Certificate of Non-Revocation, which can be posted or emailed to us; and
- A certified copy of the Attorney(s) identification (please refer to our Identity Verification Checklist).
Download documents here
In some cases, we can accept a certified copy of the Enduring Power of Attorney for Property or the General Power of Attorney being emailed to ClientMaintenanceNZ@rabobank.com by the certifying Solicitor (from their work email address). Please note that certified copies of the Attorney(s) ID and proof of address will still need to be posted to: Freepost Rabobank, PO Box 38564, Wellington 5045.
Certified copies of documents can also be provided to your local Rabobank branch. Please note that Rabobank branch employees can only sight and sign the Attorney’s identification – Rabobank branch employees cannot certify copies of the EPA or POA documents for you (these must be certified by a Solicitor or Justice of the Peace). Your local branch can be found on our website here.
Once Rabobank receives the above information, we will be in touch with you to help you through the next steps.
Please note that this information is intended to be general information only and does not constitute legal advice in any form. Anyone considering an Enduring Power of Attorney or Power of Attorney should seek independent legal advice.
Frequently Asked Questions
Please note that these FAQs are intended to provide general information only and may not cover all possible scenarios. You should consult with a legal professional for personalised advice related to EPAs or POAs in New Zealand.
No. An EPA cannot be used for a Donor in their capacity as a Director of a Company. If a Company requires a Power of Attorney, the Company may need to appoint a General Power of Attorney in accordance with the Property Law Act 2007.
If you would like to set up a POA you will need to speak to your lawyer, who will be able to advise you on the next steps that you need to take.
Yes. An EPA can be used for a Donor in their capacity as a Partner of a Partnership.
No. An EPA cannot be used to make trustee decisions or deal with Trust property. This is because the trustee is not making decisions in their personal capacity and the Trust property is not the personal property of the trustee.
No. An EPA or POA can only be used by your Attorney while you are alive.
Once you pass away, any EPA or POA that was held comes to an end and cannot be used to access your bank accounts or administer your estate. Please refer to our Deceased Estates Support webpage for further information on deceased estates.
You can set up an EPA through a lawyer or trustee corporation. The lawyer or trustee corporation will provide you with legal advice regarding your EPA, and will explain your options to you.
Please refer to the section 'Attorneys who need to access a Rabobank client’s bank account': Attorneys who need to access a Rabobank client’s bank account. Once Rabobank receives the required information, we will be in touch with you to help you through the next steps.
This Certificate is used for General Power of Attorney only - A Certificate of Non-Revocation is a certificate that the Attorney signs confirming that they have not received notice of revocation or suspension of the POA from the Donor and is required to be received by Rabobank prior to the Attorney being able to access our client’s bank account or receive account information.
You can find a copy of the Certificate of Non-Revocation here.
This Certificate is used for Enduring Powers of Attorney only - A Certificate of Non-Revocation and Non-Suspension is a certificate that the Attorney signs confirming that they have not received notice of revocation or suspension of the EPA from the Donor, and is required to be received by Rabobank prior to the Attorney being able to access our client’s bank account, or receive account information.
You can find a copy of the Certificate of Non-Revocation and Non-Suspension here.
An EPA for Property is the only type of EPA that can be used to access a Rabobank client’s bank account.
Rabobank cannot accept instructions from an Attorney who has been appointed under an EPA for Personal Care and Welfare.
If you are in the process of choosing to appoint someone to manage your property and finances, it is important that you appoint someone that you trust. Giving someone else access to your bank accounts can increase your risk of financial abuse. Before you grant access to another person to manage your finances, you should seek independent legal advice.
Rabobank will accept a copy of an EPA for Property or General Power of Attorney that has been certified by a Solicitor or Justice of the Peace.
Please see 'Attorneys who need to access a Rabobank client’s bank account' for more information on what documents you must provide Rabobank.
An Attorney is the person appointed by the Donor to act for the Donor on some or all of the Donor’s property, and personal care and welfare matters. This includes a successor attorney whose appointment has taken effect (unless the context makes it clear that this is not intended).
The Donor is the person who sets up the EPA giving the appointed Attorney(s) authority to act for them.