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 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.
Please bring the documents and information listed on the relevant Enduring power of attorney checklist.
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.
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.
An EPOA 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 and the nature and extent of their estate.
You may revoke your EPOA at any time when you have legal capacity.
To revoke your EPOA you should:
- destroy the original and any copies;
- sign a Deed of Revocation of EPOA and send a copy to your attorney 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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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.