Enduring Power of Attorney & Guardianship
An Enduring Power of Attorney and Enduring Power of Guardianship are recommended to compliment a Will, as they provide for an instance where the Will maker becomes lacks capacity to make essential decisions.
We can assist in the creation of these documents for a fixed fee.
How can we help?
EPA & EPG Services Perth
An EPA and EPG is usually prepared as part of a full estate plan when a person prepares their will. Outside of an estate plan we charge a fixed fee of $198 including GST for an EPA or EPG or $297 including GST for both.
Enduring Power of Attorney:
An EPA authorises the attorney to do anything which the donor could do with regards to property (if in a form accepted by Landgate) and financial matters during the legal incapacity of the donor. An EPA does not cover personal, lifestyle or treatment decisions.
An EPA can be in force while a person has capacity, but physically unable to attend to financial matters or, unlike with a normal power of attorney, when they lose capacity. The benefit of electing to have an EPA with immediate effect is that the attorney does not need to apply to the SAT for a declaration of incapacity to bring the EPA into effect.
We recommend people have an EPA in place as part of their estate planning to enable a continuity of management of financial and property affairs, preventing potential issues in the time between losing capacity and the SAT appointing an attorney.
Enduring Power of Guardianship:
An EPG authorises the guardian to make personal and lifestyle decisions when a person becomes incapable to make decisions, such as:
(a) where you live;
(b) who you live with;
(c) medical treatment decisions; and
(d) education and support services you receive.
You also have the option to restrict the guardian’s decision making authority.
Perth EPA and EPG Lawyer FAQ
You should appoint someone you trust completely, as your attorney will have significant control over your financial and legal affairs. This person should be responsible, reliable, and capable of making important decisions in your best interest. It’s common to appoint a close family member, friend, or a professional advisor such as Perth Probate Lawyer.
To find out more contact us on 08 6156 2700 or read more on the WA Justice website
Yes, you can revoke or change your EPA at any time, as long as you still have the mental capacity to do so. To revoke it, you must provide written notice to your attorney and, in some cases, notify relevant institutions. If you want to make changes, you may need to create a new EPA and formally revoke the old one.
Your appointed guardian under an EPG can make decisions related to your personal welfare, including where you live, what medical treatment you receive, and other lifestyle choices. However, they cannot make financial or legal decisions, which would be covered by an EPA. The scope of their authority is determined by the terms set out in the EPG.
Yes, you can specify limits or conditions in your EPG to restrict the types of decisions your guardian can make or outline your preferences for certain situations. For example, you can state your wishes regarding medical treatments or preferred living arrangements. This ensures that your guardian’s decisions align with your values and preferences.