The roles involved in establishing an EPA are: 

Donor

The person who creates the EPA, chooses their attorney and successors, and grants them power to act on their behalf. The donor can decide what the EPA covers and who will make decisions for them.  The donor must have decision-making capacity and understand what the document is about and what powers they are giving away.  The donor must be 18 years of age or older to sign an EPA.

Attorney

The person who will act on the donor’s behalf.  The attorney can be a family member, friend, or someone from a trustee company. They do not need to be a lawyer. 

• The attorney must be at least 20 years old.
• The attorney must be a New Zealand resident.
• The attorney must not be bankrupt.
• The attorney must not be subject to any personal or property orders.
• The attorney must understand their role and agree to it.

Lawyer

The EPA must be created with the help of a lawyer, qualified legal executive, or authorised officer of a trustee company.