Power of Attorney in Fremantle & Perth
A Power of Attorney is a legal document that authorises another person (the attorney) to act on your behalf in financial, property or personal matters. Planning ahead by putting in place appropriate Powers of Attorney is an essential part of estate planning.
Enduring Power of Attorney
An Enduring Power of Attorney (EPA) continues to be valid even if you lose mental capacity — making it a critical planning tool. Without an EPA, your family may need to apply to the State Administrative Tribunal (SAT) to become your administrator or guardian, which can be a lengthy and costly process.
An EPA can be limited to specific assets or transactions, or it can be broad and cover all of your financial affairs. You can appoint one attorney or multiple attorneys, and you can specify how decisions are to be made.
Enduring Power of Guardianship
An Enduring Power of Guardianship allows you to appoint someone to make personal, lifestyle and health decisions on your behalf if you are unable to make those decisions yourself. This can cover medical treatment decisions, where you live, and other personal matters.
Who should have one?
Everyone over the age of 18 should consider having an Enduring Power of Attorney in place. It is not just for the elderly — accidents and illness can affect people of any age. Planning ahead ensures your affairs are managed by someone you trust, in the way you would want.
Requirements
- You must have legal capacity at the time of signing
- The document must be witnessed by an authorised witness (e.g., a justice of the peace, solicitor or medical practitioner)
- In WA, an EPA must be registered with Landgate to deal with real property