Enduring power of attorney

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.

You may also like to consider an EPOG which would allow your attorney to make personal and lifestyle decisions, including decisions about medical treatment.

our services

How we can help you

Making your EPOA with us is easy and convenient.

EPOA on-the-spot

$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.

Estate planning conference

$440

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 provide great service at competitive prices.
01.
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.

02.
Friendly and efficient service
We’ll anticipate your needs and exceed your expectations. Read what our 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

Please bring the documents and information listed on the relevant checklist.

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.

Testimonials

What our clients say

Jennifer was professional and was clear with all information regarding the Will. I felt at ease & comfortable with her – she had a good understanding of my wishes. Highly recommended – she had my best interests at hand.
Ms R
January 23, 2021
Thanks for your professional services in preparing wills and EPOA’s for my wife and me. All were completed ‘on time and on budget’, and your additional comments and advice on related issues was most appreciated. We previously used Birman and Ride for a property transfer, and would certainly use your company again for any future legal requirements.
Mr M
January 22, 2021
We found your company, especially Lucy Dickens very easy to deal with.
Mr A
January 21, 2021
A great will writing service. We were so pleased to have it all done in one appointment.
Ms Q
December 30, 2020
Thank you for your efficient and friendly service.
Ms R
December 17, 2020
I found dealing with Jessica to be very helpful and felt very comfortable with her a compliment to your company.
Ms S
December 11, 2020

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.
Legal Practitioner Director
Michael has been practising law in Western Australia since 1997 and is an experienced lawyer in property law, family law and succession law. Michael has a strong base of knowledge and experience from assisting hundreds of clients in these……
Senior Associate
Lucy is a talented lawyer, business administrator and manager. In her nine years with Birman & Ride she has developed her skills in various roles including lawyer, team leader, HR manager, business analyst, salesperson and marketing manager. In the……
Lawyer
Jennifer graduated from the University of Western Australia in 2015 with bachelor degrees in Law and Arts (majoring in Philosophy). Jennifer joined the Birman & Ride team in May 2019 and works in the firm’s Wills and Probate team…….
Lawyer
Carolina joined Birman & Ride in the firm’s Wills and Probate team in December 2020. She is passionate about helping clients prepare and plan for the welfare of their dependants when they are no longer around. As the parent……
Lawyer
Sriram Srikrishnan (Sri) is a lawyer at Birman & Ride and works in the Wills and Estates and Litigation teams. Sri assists people to prepare Wills, applications for Probate and administer deceased estates. He also enjoys being creative with……
Legal Executive
Natalie joined the Birman & Ride team in late 2020 after completing her Bachelor of Laws at Edith Cowan University. Natalie has quickly settled into her role with the firm and is a confident and charismatic member of both……

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