What is the difference between an EPOA and an EPOG?

An enduring power of attorney (EPOA) covers your money and property. An enduring power of guardianship (EPOG) covers you as a person, so your guardian decides where you live, who provides your care and whether you receive a particular treatment. You need an EPOA whatever your circumstances. Without an EPOG your next of kin can still make treatment decisions for you if you’re unable to make them yourself, but no one else can decide where you live or who cares for you unless they apply to the State Administrative Tribunal for an order. See our post on EPOA and EPOG in WA: who makes decisions.

What happens if I lose capacity and I don’t have an EPOA or EPOG?

Your family will need to apply to the State Administrative Tribunal for an administration order or a guardianship order before anyone has authority to act for you. Until that order is made the bank will not let anyone operate accounts in your sole name and your house cannot be sold or leased, including to fund aged care. You must have capacity to make an EPOA or an EPOG, so don’t leave it too late. See our post on failing to make an enduring power of attorney.

What does an EPOA or EPOG cost?

Both are fixed price whether you make one on its own or alongside your Will, so you know the cost before your appointment. See the current prices on our enduring power of attorney and guardianship page. Making your Will, EPOA and EPOG together costs less than making the three separately.

What do I need to bring to my appointment?

You’ll need to bring your original photo ID (driver’s licence or passport), as well as the list below, depending on which documents you’d like to make. To make your Will, please bring an overview of your assets and liabilities, the full names and addresses of your executors and of any guardians for children under 18, plus the full names of your beneficiaries. For your enduring power of attorney (EPOA) and enduring power of guardianship (EPOG) you’ll need the full name and address of each person you want to appoint, plus anyone you want as a substitute. It helps to have spoken to them first, because everyone you appoint has to sign an acceptance before the document can be used. See the Making your Will checklist, the enduring power of attorney checklist and the enduring power of guardianship checklist.

Who can be my attorney or guardian?

Any adult you trust can be your attorney or your guardian. You can appoint more than one person to either role. Where you appoint two or more people as your attorney you choose whether they must act together or whether they can act separately. If you appoint more than one guardian, they must act jointly. Everyone you appoint has to sign an acceptance before the document can be used.

When do my attorney and guardian start acting for me?

When you make your EPOA you must choose whether it comes into effect immediately when you sign it or only once the State Administrative Tribunal has declared you have lost legal capacity. We take you through this choice at your appointment. Your EPOG is different and only ever comes into effect if you lose the capacity to make personal, lifestyle or treatment decisions for yourself.

Who witnesses my EPOA and EPOG?

We witness both documents for you at your appointment, so you do not have to arrange witnesses yourself. Each document needs two witnesses, one of whom is authorised by law to take declarations. Your attorney and guardian must sign to accept their appointment. Your attorney’s signature doesn’t need a witness, but your guardian’s needs two, on the same rule as your own. We will give you detailed instructions to take with you after your appointment.

Can I revoke my EPOA or EPOG later?

Yes, you can revoke either document at any time while you still have legal capacity. To do it properly you should write REVOKED and sign and date on the original, or sign a written Deed of Revocation and destroy every copy. You should notify everyone holding the document, including your attorney or guardian and any bank, doctor or aged care provider. If your EPOA was lodged at Landgate the revocation must be lodged there too. See our post on EPOA and EPOG in WA: who makes decisions.

Do I need to register my EPOA at Landgate?

You need to register your EPOA at Landgate only if your attorney is likely to need to sell or deal with your land, in which case it has to be lodged with the Registrar of Titles before any land transaction can go through. There is no general registry of EPOAs in Western Australia, so this is the only registration step there is. Landgate will need an original signed copy rather than a photocopy, plus a statutory declaration of non-revocation if the document is more than three months old.

Is an EPOG the same as an advance health directive?

No, they do different jobs. An EPOG appoints a person to make treatment decisions for you when the time comes, whereas an advance health directive records your own decisions in advance about specific treatments. We do not prepare advance health directives, because they are a Department of Health form best worked through with your doctor, who can explain what each decision means.

Enduring Power of Attorney and Guardianship Perth

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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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 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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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.

our services

How we can help you

EPOA

$440 single / $660 partners

Recommended

Everything sorted

$1,430 single / $2,080 partners

EPOG

$440 single / $660 partners

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