Explaining an attorney’s obligations

You are called the donor. The person you appoint to act on your behalf is called the attorney.

The attorney you appoint has legal obligations to manage your property in accordance with the Enduring Power of Attorney in relation to property (EPOA) and the Protection of Personal and Property Rights Act 1988. We may restrict attorney access to accounts where we believe these obligations are not being met.

Attorney obligations

The obligations of an attorney under an EPOA include:

• complying with any exclusions or limitations set out in the EPOA
• using the property to promote and protect your best interests – where possible, your attorney must encourage you to maintain or develop your own competence to manage your property
• consulting with you – so far as this is practical
• consulting with other key people – this includes any other attorney under the EPOA or an EPOA in relation to personal care and welfare, as well as any other person(s) you have specified in the EPOA
• keeping financial records – your attorney must keep records of financial transactions they enter on your behalf while you’re mentally incapable.

An attorney must not benefit themselves or anyone other than you, unless the EPOA specifically says they can, or the Family Court allows it. There are some exceptions, including recovering reasonable out-of-pocket expenses and professional fees.

More information is available on the New Zealand Government’s website.