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.

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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.

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Start with a consultation where we’ll discuss your needs and come up with a plan and a fixed price quote.

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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 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.


What our clients say

Virginia was very professional, pleasant & helpful in helping my husband & I re-do our wills.
Gail J Macri
June 20, 2022
The service that Clare Fielding provided at Perth Wills Centre was very professional. Her advice and knowledge in the preparation of my Will was greatly appreciated. The whole process of formulating, drafting, reviewing and finalising my Will was completed in one visit. I recommend anyone considering making a Will to contact Clare Fielding at Perth Wills Centre.
June 20, 2022
Great service, very prompt and professional
Mr G
June 17, 2022
Excellent service. Clare was very professional and helpful. Everything was processed quickly and efficiently. I would highly recommend this company. Having my will and Survivorship application completed was an easy process when I was going through an emotional fraught period after losing my husband unexpectedly.
Ms S
June 8, 2022
I found Clare’s service in updating my will and completing a Guardianship form to be efficiently and courteously carried out. She answered all my questions satisfactorily.
Jill Maughan
May 29, 2022
The whole process was professionally done and in good time. Advice given was very concise.
Mr L
May 11, 2022

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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.
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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……
Legal Practitioner Director
Lucy is a talented lawyer, business administrator and manager who leads the development of the firm’s consumer legal services, bringing together people, technology and processes to design and deliver innovative legal services. Lucy supervises the firm’s Wills, probate, estate……
Clare assists our clients to prepare Wills, applications for Probate and Letters of Administration and administer deceased estates. Clare completed her Bachelor of Laws in 2011 and was admitted as a lawyer in 2014, following which she worked as……
Ginny works in the firm’s Family Law and Wills and Probates teams. Ginny has a particular passion for family law. Knowing how difficult this can be for clients, she greatly enjoys assisting them in a compassionate way to find……
Jess is an experienced lawyer working in the Wills and Probate department. She is passionate about helping clients who are going through the probate process and assisting in the administration of estates. Jess works for B&R remotely from the……

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