10 Reasons why having enduring powers of attorney (EPOAs) matters

In spite of this enlightened age of amplified communication, there is typically a deafening silence when it comes to talking about death and her friend incapacity. Yet, it is something we all need to prepare for. Yes, the conversation can be awkward, especially when talking to elderly parents, but it is necessary. What happens to you before you pass, is so very important, but even more so if you become unwell or don’t have capacity to voice your needs and wants or are no longer able to manage your affairs.

This is where an Enduring Power of Attorney (EPOA) becomes essential. At Weston Ward and Lascelles, we often say an EPOA is as important as your Will. It gives you legal protection while you’re still alive to ensure your financial, health and personal matters are handled by someone you trust, in a way that you would want.

Below, we explain 10 reasons why having an EPOA in place is one of the most responsible legal decisions you can make.

1. They’re not just for older people

It’s a common myth that EPOAs are only for the elderly. But the reality is anyone, regardless of age, can experience an unexpected accident, stroke, or illness that affects their ability to make decisions. Putting EPOAs in place while you are young and healthy is not pessimistic. It’s practical, preventative, and protective. Just like insurance or estate planning, it’s about safeguarding you and your family’s future before a crisis hits.

2. You stay in control, even if you lose capacity

EPOAs allow you to appoint a trusted person (or people) to make decisions on your behalf, should you become mentally incapable due to accident, illness, or age-related decline. By putting this in place while you are well, you decide who speaks and acts for you. Without an EPOA, that power may be given to someone you wouldn’t have chosen. Control over your life doesn’t need to end with incapacity; it just needs to be delegated thoughtfully, with legal backing.



3. You avoid delays and legal uncertainty

If you lose capacity and do not have an EPOA in place, your loved ones may have no legal authority to make decisions on your behalf. They might have to apply to the Family Court to be appointed as your welfare guardian. A process that can be slow, stressful, and expensive, it typically occurs at a time of crisis – when the emotional reserves of families are already being challenged. Having an EPOA in place avoids this additional heartache, as your nominated attorney can step in seamlessly and legally.

4. You choose who manages your affairs

At Weston Ward and Lascelles, our clients often tell us how comforting it is to know that they, and not the court system, will decide who advocates for them during times of vulnerability. With an EPOA, you get to choose who makes decisions about your health, wealth and financial matters, rather than left to chance or default appointments.

5. You protect yourself against financial mismanagement

Sadly, mental incapacity can leave people vulnerable to poor decision-making, scams, or financial abuse, even from within the family. An EPOA for property and finance ensures someone you trust is legally responsible for managing your money, paying bills, handling investments, and protecting assets.

This is particularly relevant for individuals with complex holdings, such as a New Zealand property trust, business interests, or retirement savings. Our business law and property law service teams help ensure your finances remain secure and well managed, regardless of what the future holds.



6. You ensure personal care decisions reflect your values

A Personal Care and Welfare EPOA covers decisions about your medical treatment, living situation, and day-to-day welfare. With this document, you ensure that the person making those decisions understands your wishes, beliefs, and lifestyle.

Our team regularly assists clients in tailoring their EPOAs to reflect religious preferences, end-of-life care choices, or family arrangements. We pride ourselves on providing compassionate and personalised legal guidance to help navigate and protect your decisions.

7. You ease the burden on your family

Without EPOAs, loved ones are left to second guess what you would have wanted. This often leads to confusion, stress, or even conflict during already emotionally difficult times. Having an EPOA in place removes this burden, allowing your family to support you confidently with the knowledge they are following your wishes. We regularly see the relief that families feel when they are caring or acting for you within a robust legal EPOA. It not only eases practical concerns but also protects their relationships.

8. You can set limits or conditions

Contrary to popular belief, EPOAs aren’t one-size-fits-all. You have the power to set very specific conditions around when they come into effect, what types of decisions they cover, and who your attorneys must consult with. For example, you might specify your son must get the agreement of another trusted person before selling property or making medical decisions. This is particularly useful in cases involving property conveyancing Christchurch or shared business ventures.

Our lawyers help clients customise their EPOAs to align with their unique family, financial, and personal circumstances, drawing on expertise across business consulting services, property solutions NZ, and relationship law NZ as needed.