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).
An EPOA enables you to appoint another person to make decisions about your property and financial matters.
How we can help you
$330 single / $550 partners
Making your EPOA should be an easy task, so we keep it that way. We’ll make your EPOA and arrange for you to sign it on-the-spot.
Simple Will & EPOA on-the-spot
$550 single / $770 partners
We’ll prepare your Will and EPOA and you can sign them on-the-spot. You’ll be satisfied knowing your affairs are in order.
Estate planning conference
Start with a consultation where we’ll discuss your needs and come up with a plan and a fixed price quote.
Why choose us
We make it easy for you
We offer practical guidance at every step. We’ll help you work out the answers to the difficult questions.
Friendly and efficient service
Whether you need a simple Will or a comprehensive estate plan, we’ll give you a fixed price quote in advance.
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.
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 you give to your attorney is effective:
- as soon as the document is properly signed and witnessed; or
- only after your attorney has applied to the State Administrative Tribunal for declaration that the document is in force because you have lost your capacity.
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 should be registered at Landgate within 3 months of it being signed. If you do not register it within that period and your attorney needs to deal with your real estate in the future, he/she will have to prepare and lodge a statutory declaration declaring that your EPOA remains valid.
An EPOA can be made by anyone over the age of 18 who has full legal capacity. ‘Full legal capacity’ means that the person must be able to understand the nature and effect of the document they are completing and the nature and extent of their estate.
By completing an EPOA or EPOG you can authorise a person who you trust to make decisions for you in the event that you lose capacity or are unable to manage your affairs. You may only think of making your EPOA or EPOG as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOA or EPOG.
If you do not have an EPOA or EPOG and you are no longer able to manage your affairs your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.
You may revoke your EPOA or EPOG at any time when you have legal capacity.
To revoke your EPOA or EPOG you should:
- destroy the original and any copies of the EPOA or EPOG;
- execute a Deed of Revocation of EPOA and send a copy to your attorney/guardian and anyone else who may have a copy of the EPOA (such as financial or medical institutions); and
- if your EPOA was lodged at Landgate, lodge your Deed of Revocation of EPOA at Landgate.
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Legal Practitioner Director
We make it easy to make your Will
Don't put it off any longer
Your Will gives your family certainty about your intentions. It will also save them inconvenience and expense at a time when they are most vulnerable.