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Enduring power of attorney and guardianship

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.

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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.

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EPOG

$440 single / $660 partners

Give a trusted person to the legal authority to make important personal, lifestyle and treatment decisions on your behalf, should you ever become incapable of making such decisions yourself. We’ll prepare your EPOG and arrange for you to sign it on-the-spot.

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Everything sorted

$990 single / $1760 partners

Leave a legacy you will feel proud of with a:

We’ll prepare your documents on-the-spot at your appointment.

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Why choose us

We provide great service at competitive prices.
01.
We make it easy for you

Our experienced lawyers offer practical guidance at every step. We’ll help you develop an estate plan tailored to your needs.

02.
Friendly and efficient service

We’ll anticipate your needs and exceed your expectations. Read what thousands of our happy clients say.

03.
Fixed prices

Whether you need a simple Will or a comprehensive estate plan, we’ll give you a fixed price quote in advance.

FAQs

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

Testimonials

What our clients say

Thanks for today Michael. We really appreciated your assistance and kind and approachable demeanour.
WA financial planner
October 31, 2024
Booking process was very good with useful references & information. Highly professional support & service, very cIear explanations & answers to any questions. Thanks for the excellent services.
August 12, 2024
Lucy, Thank you for meeting with me yesterday – as I said very illuminating and great to review and clear the complexity and arrive at simplicity, at least as far as the legal system will allow it
Mr G - Estate Planning Client
July 12, 2024
Our experience was excellence! Sean was very thorough and clearly explained the Wills, EPOA and EPOG processes. He took into consideration our queries with straight forward understanding.
J & J Cooper
July 12, 2024
Isla was a great help to us when we rang to confirm the company’s bank details. As new internet banking users, Isla was very patient with us.  
Tony and Karen - Wills Clients
July 12, 2024
I had a great experience; my Will was processed with efficiency and care. Thank you Sean for all your help.
Tracey Cunningham
July 8, 2024

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.
Michael Hodgkins
Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law.  Michael has represented clients, both in and out of court, in matters spanning……
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Lucy Dickens
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team to provide easy to understand succession and estate administration advice. As well as practising law, she brings together people, technology and processes to design and deliver our innovative legal services. Lucy,……
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Sean McMurdo
Lawyer
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
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