Medical Power of Attorney (New Zealand)
EPA for Personal Care and Welfare — PPPR Act 1988
MEDICAL POWER OF ATTORNEY (EPA FOR PERSONAL CARE AND WELFARE)
Made under the Protection of Personal and Property Rights Act 1988 (New Zealand)
Date: [EPA Date]
IMPORTANT: This EPA must be signed in the presence of a lawyer or legal executive who certifies the donor's understanding. Execution on the prescribed PPPR Act Form 2 is required for legal validity.
Donor
I, [Donor Name], of [Donor Address], born [Donor DOB], being of sound mind and understanding the nature and effect of this Enduring Power of Attorney for Personal Care and Welfare, make this EPA under the Protection of Personal and Property Rights Act 1988 (PPPR Act).
Attorney for Personal Care and Welfare
I appoint [Attorney Name] ([Attorney Relationship]), of [Attorney Address], phone [Attorney Phone], as my attorney for personal care and welfare.
Successor attorney (if primary attorney is unable or unwilling to act): [Successor Name], phone [Successor Phone].
This EPA for Personal Care and Welfare comes into effect only when I am mentally incapable within the meaning of the PPPR Act 1988 — that is, when I am unable to understand the nature of and to foresee the consequences of decisions relating to my personal care and welfare.
Scope of Authority
My attorney for personal care and welfare is authorised to make decisions about my personal welfare, including:
- consenting to or refusing medical and dental treatment on my behalf;
- deciding where I will live, including decisions about residential care or hospital placement;
- managing my day-to-day personal care needs;
- making decisions about rehabilitation and therapy;
- dealing with healthcare providers and rest home operators on my behalf;
- making decisions about my daily routine and personal preferences.
Healthcare Wishes and Instructions
Residence preferences:
[Residence Wish]
Medical treatment wishes:
[Medical Treatment Wishes]
Personal values and beliefs:
[Personal Values]
Specific treatment refusals (Advance Directive):
[Specific Refusals]
Attorney's Duties
My attorney must: act in my best interests; promote and protect my welfare; encourage me to act on my own behalf to the extent I am able; consult me about decisions to the extent practicable; and take into account my previously expressed wishes and values as set out in this document.
Execution
Signed by Donor: [Donor Name]
Signature: ___________________________ Date: [EPA Date]
Witness / Certifier (Lawyer or Legal Executive):
I certify that I have explained the effect and implications of this EPA to the donor, I am satisfied the donor understands it, and I have no reason to believe the donor is acting under undue pressure.
Name: ___________________________ Signature: ___________________________
Qualification: ___________________________ Date: ___________________________
Attorney's Acknowledgement: I, [Attorney Name], acknowledge that by accepting this appointment I am subject to the duties imposed on attorneys by the PPPR Act 1988.
Attorney's Signature: ___________________________ Date: ___________________________
Donor
________________
Signature
Attorney
________________
Signature
What Is a Medical Power of Attorney (New Zealand)?
A Medical Power of Attorney in New Zealand authorises a nominated attorney to make personal, health, and welfare decisions on the principal's behalf and defines the extent and duration of that authority under the Protection of Personal and Property Rights Act 1988.
When Do You Need a Medical Power of Attorney (New Zealand)?
A Medical Power of Attorney is needed whenever parties in New Zealand wish to formalize their arrangement regarding personal legal matters, family affairs, and individual rights. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. You may need this document in various circumstances, including when entering into new agreements, when formalizing existing arrangements, or when addressing specific legal requirements in New Zealand. Having proper documentation in place is essential for protecting your rights and interests. You should also consider using a Medical Power of Attorney when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Medical Power of Attorney before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Medical Power of Attorney is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Medical Power of Attorney (New Zealand)
A well-drafted Medical Power of Attorney for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Medical Power of Attorney (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Medical Power of Attorney (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/personal/family/power-of-attorney-medical-new-zealand
"Medical Power of Attorney (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/personal/family/power-of-attorney-medical-new-zealand.
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author = {{Forms Legal}},
title = {Medical Power of Attorney (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/personal/family/power-of-attorney-medical-new-zealand}},
note = {Free legal document template. Based on Protection of Personal and Property Rights Act 1988}
}
Frequently Asked Questions
An attorney appointed under an EPA for Personal Care and Welfare in New Zealand can make a wide range of decisions about the donor's health, medical treatment, and personal welfare when the donor becomes mentally incapable. These decisions include: consenting to or refusing medical treatment, including surgery, medications, and procedures; choosing a doctor, specialist, or hospital; deciding where the donor will live, including residential care or rest home placement; managing the donor's day-to-day personal care needs; making decisions about rehabilitation and therapy; and in some cases, making end-of-life care decisions (subject to the Code of Health and Disability Services Consumers' Rights). The attorney cannot make decisions that are outside the scope of the EPA as drafted, and cannot override specific limitations set out in the document. The attorney must always act in the donor's best interests and, where possible, make decisions consistent with the donor's previously expressed wishes and values. The attorney cannot consent to certain major treatments — such as sterilisation or treatment for mental disorder — without Family Court approval.
Yes, subject to important limitations. Under the Protection of Personal and Property Rights Act 1988 (PPPR Act) and the Code of Health and Disability Services Consumers' Rights, an attorney for personal care and welfare can refuse medical treatment on behalf of a mentally incapable person, provided the refusal is in the donor's best interests and is consistent with their previously expressed wishes and values. However, there are limitations on this power. Under the New Zealand Bill of Rights Act 1990 and healthcare ethics, healthcare providers must always act in the patient's best interests. If a healthcare provider believes that the attorney's decision to refuse treatment is not in the patient's best interests, they can seek a court determination. The End of Life Choice Act 2019 and the common law principle that competent adults can refuse treatment do not directly apply to attorneys acting on behalf of incapacitated persons — the attorney's power to refuse treatment is governed by the PPPR Act and the donor's best interests.
Choosing the right person as your medical attorney (attorney for personal care and welfare) is one of the most important decisions you can make. Your attorney will have the authority to make significant healthcare decisions on your behalf when you cannot make them yourself. The ideal attributes for a medical attorney include: someone who knows you well and understands your values, beliefs, and wishes regarding healthcare and end-of-life care; someone you trust completely to act in your best interests even when faced with difficult decisions; someone who is emotionally resilient and able to make difficult decisions under pressure; someone who will take the time to understand your medical situation, consult with your healthcare team, and make informed decisions; and someone who is willing and able to be contactable and available in a medical emergency. Common choices include a spouse or partner, an adult child, a sibling, or a close trusted friend. You should also appoint a successor attorney in case your primary attorney is unable or unwilling to act.
In New Zealand, a medical power of attorney (EPA for Personal Care and Welfare) and an advance directive (also called a living will) serve complementary purposes in healthcare planning, but they are different documents with different legal statuses. An advance directive is a written statement of your wishes about future medical treatment, made while you have capacity, for a future time when you may lack capacity. Under the Code of Health and Disability Services Consumers' Rights (Right 7(5)), a competent person's advance directive refusing a specific treatment must be respected by healthcare providers, even after the person loses capacity. A medical attorney, by contrast, can make ongoing decisions about a wider range of medical and personal care matters — they are not limited to the specific treatments addressed in an advance directive. If you have both a medical attorney and an advance directive, healthcare providers will look first to your advance directive for specific treatment refusals and then to your attorney for other decisions. Having both documents provides the most thorough protection for your healthcare wishes.
A Medical Power of Attorney (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Protection of Personal and Property Rights Act 1988 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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