An ordinary power of attorney (also called a general power of attorney) is a legal document that allows one person to act on behalf of another in relation to specified financial or legal matters for specific duration. An enduring power of attorney (EPA) is a specific type of power of attorney that remains in effect even if the person who created it becomes no longer capable of granting those powers (i.e. lacks capacity). An EPA ensures that their financial and personal affairs can still be managed according to their wishes, providing peace of mind for both the individual and their loved ones. 

How are they different?

In summary, the main difference between an Enduring Power of Attorney (EPA) and an Ordinary Power of Attorney (POA) is that an EPA remains in effect if the donor becomes mentally incapacitated, while a POA automatically ends after the period stipulated in the POA document or when the person loses capacity. 

Use of the term ‘attorney’

In relation to powers of attorney, ‘attorney’ does not mean a solicitor or lawyer.  In Aotearoa New Zealand, unlike the United States of America and elsewhere in the world, we do not use the term ‘attorney’ to describe a legal professional.

To find out more about an ordinary power of attorney and an enduring power of attorney, click on the pages below.