What is an enduring power of attorney?

An enduring power of attorney (EPOA) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property and financial matters, for example selling real estate or managing bank accounts. It does not permit an attorney to make personal and lifestyle decisions, including decisions about medical treatment.

Who can be my attorney?

Any adult you trust can be your attorney. Your attorney can act alone, jointly with another person (ie always together) or jointly and severally with that other person (ie together or separately). Your attorney must accept the responsibility of acting as your attorney by signing the acceptance section of your EPOA.

When does my attorney begin acting for me?

When you create your EPOA you must choose whether the power is effective: as soon as the EPOA is signed; or only after your attorney has applied to the State Administrative Tribunal for declaration that you have lost capacity.

What is an enduring power of guardianship?

An enduring power of guardianship (EPOG) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters. An EPOG does not authorise another person to manage your financial and property matters.

When does my guardian begin acting for me?

Your EPOG will only come into effect if you lose the capacity to make decisions for yourself. Your EPOG will not operate while you are still able to make reasonable judgments about your personal, lifestyle or treatment matters.

What do I need to bring to the consultation?

Please bring the documents and information listed on the Enduring power of attorney checklist.

Why should I make an EPOG?

By making an EPOG you can authorise a person who you trust to make decisions for you if you lose capacity to make them for yourself. You should make an EPOG if: you have strong views about how you wish to be cared for; or you wish to nominate a specific person to make those decisions on your behalf. If you don’t have an EPOG and you lose capacity your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs. You may only think of making your EPOG as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOG.

Why should I make an EPOA?

By completing an EPOA you can authorise a person who you trust to manage your property and finances on your behalf. If you don’t have an EPOA and you lose capacity your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs. You may only think of making your EPOA as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOA.

Who can make an EPOG?

An EPOG can be made by anyone over the age of 18 who has legal capacity. Legal capacity means that the person must be able to understand the nature and effect of the document they are completing.

Do I need to register my EPOA?

There is no formal registry of EPOAs in Western Australia, however if it is likely that your attorney will need to sell or deal with your land then your EPOA must be registered at Landgate.

Enduring power of attorney and guardianship

No one likes to think about losing their ability to make decisions, but our experience shows it’s better to be prepared.

You may not be able to predict the future, but you can prepare for it. What would happen if:

you lose capacity to make decisions for yourself; or
you become physically unable to manage your affairs?

If your answer to either of these questions is, “I don’t know!” then consider making an Enduring Power of Attorney (EPOA) and an Enduring Power of Guardianship (EPOG).

An EPOA enables you to appoint another person to make decisions about your property and financial matters.

An EPOG enables you to appoint another person to make personal, lifestyle and treatment decisions on your behalf in circumstances where you are unable to do so. An enduring guardian could be authorised to make decisions about things such as where you live, the support services you have access to and the medical treatment you receive.

our services

How we can help you

Making your EPOA or EPOG with us is easy and convenient.

EPOA

$440 single / $660 partners

Give a trusted person to the legal authority to make financial and property decisions on your behalf. We’ll prepare your EPOA and arrange for you to sign it on-the-spot.

Book now