An enduring power of attorney lets someone you trust manage your finances if you can't. This guide covers how it works in Western Australia. For the general picture across Australia, see our guide to enduring power of attorney.

Two documents in WA

In WA, an enduring power of attorney covers your financial affairs. If you want someone to make personal, lifestyle and treatment decisions for you, you make a separate enduring power of guardianship. Many people make both. You may also want an advance health directive to record your treatment wishes.

Where to get the forms

The Office of the Public Advocate publishes a Guide to Enduring Power of Attorney and an information kit, and the same for enduring power of guardianship. They include step-by-step instructions and the forms, and can be downloaded free of charge. The office also has a telephone advisory service on 1300 858 455.

Witnessing

When you make an enduring power of attorney or an enduring power of guardianship, two witnesses must both be present when you sign, and each must be 18 or older. For an enduring power of attorney, at least one witness must be from the list of authorised witnesses in the information kit; you can use two from the list if you like. Witnesses must physically be present and watch you sign.

Choosing your attorney

Choose someone trustworthy who is likely to always act in your best interests. No more than two people can be attorneys at any one time.

After it's signed

An enduring power of guardianship doesn't need to be registered, but the Public Advocate recommends giving certified copies to your enduring guardian and others who may need them. If your attorney may need to deal with land, check the requirements with Landgate. Once it's signed, keep the original somewhere safe, give copies to the people who may need them, and write down where the original is kept. Our guide to storing important documents has more on this. If your situation is complicated, or you're not sure which document you need, a solicitor can help.

Sources

This guide is general information only, not legal or financial advice.

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